If a couple files for divorce, it can be either contested or uncontested. With an uncontested divorce, they are in agreement about the terms of the divorce, whereas with a contested divorce there are areas of disagreement which will need settling in court. In the state of Arizona there are several types of uncontested divorces available which can be used to end a marriage.
What is the Process for an Uncontested Divorce?
The process begins when one partner files a petition for divorce with the courts; if the other partner does not file a response to that petition, the divorce is uncontested and will be granted by the court. This is known as a default judgment. Another form of uncontested divorce is a Marital Settlement Agreement/Consent Decree when both partners agree on all major terms of the divorce. This agreement can then be approved by the court and a divorce granted.
With an uncontested divorce there is no need to appear before a judge for the divorce to be granted. This does not mean everything will be simple, however, and there are still legal responsibilities to consider, so it is a good idea to use the services of a Phoenix family lawyer to represent your interests. Just because everything has been agreed, it does not mean mistakes have not been made which will become apparent in the future, even if there was no bad intention from either side.
Uncontested Divorce: How Long Does it Take?
A couple cannot be legally divorced for at least 60 days in Arizona. Even with an uncontested divorce, there are clear legal obligations which must be fulfilled under Arizona state law. The Cantor Law Group can provide expert advice and support to ensure you and your children’s rights are fully protected, and that the best possible terms of divorce are agreed. The decisions you make about your divorce now will affect your future for a long time to come, so it is important to get it right. Even though you can be officially divorced in 60 days, settling all of the different aspects of an Uncontested divorce can take slightly longer.
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Several matters need to be properly discussed including the division of assets relating to the marital home. This can also extend to other items such as cars, pensions and investments, and other assets. There are also financial responsibilities that come with a marriage including mortgage payments and other bills, and taking it all into account can be a complex business, particularly if there are children involved.
Child custody is of paramount importance when couples seek a divorce, and the nature of that custody, whether sole or joint. Alongside this are matters relating to child and spousal support, and visitation rights, which must be thoroughly discussed. Agreement on all of these issues must be reached in accordance with Arizona state laws.
For help in protecting your rights and interests in an uncontested divorce, please call or email us to arrange a free consultation with a Phoenix family lawyer. Our phones are answered 24 hours a day at (602) 691-6385.