How To File for an Uncontested Divorce

The unfortunate reality about marriage is that it does not always work. Divorcing your spouse may become necessary, but the process could be emotionally draining and expensive with or without an experienced lawyer on your side. Yet, learning how to file an uncontested divorce in Arizona can offer a more peaceful resolution under the right circumstances.

Our family and divorce lawyers at Lincoln & Wenk, PLLC, have ample experience with contested and uncontested divorces. Consider the uncontested divorce process explained in our simple divorce filing guide below.

How Does Arizona Define an Uncontested Divorce?

Before learning how to file an uncontested divorce, you should know what it is. An uncontested divorce in Arizona involves both parties reaching a complete resolution by mutual agreement. This type of divorce provides residents with a simplified path to dissolving their marriage, whether by default or by mutual agreement.

In this state, this kind of divorce process can lead to either a consent decree or a default decree. Both options will require the same steps to determine the couple’s eligibility and file for the divorce petition. The key difference between a default decree and a consent decree is that the former occurs only if a spouse refuses or fails to respond to the petition.

Why Consider Filing Divorce Papers Without Conflict?

A divorce is not always contentious. A couple could avoid mediation, arbitration, and litigation if they agree on the following terms:

• Child custody and child support: If the couple has children, they must assign visitation, determine physical and legal custody, and child support. They do not have to go through the courts if they can agree up front.
• Spousal support: Alimony may be necessary to temporarily support a lower-earning spouse to maintain their current standard of living and avoid financial hardship.
• Division of debts and assets: Marital assets include everything from jointly owned vehicles to bank accounts and investments. Couples can seek an uncontested divorce if both spouses agree on who will receive which assets and who will pay certain debts incurred during the marriage.

If you learn how to file an uncontested divorce, and your situation is eligible for it, you and your partner could experience the following benefits:

Less Time in Courtrooms

In Arizona, divorces have a 60-day waiting period, so cases will take at least 61 days to receive a judge’s ruling. It is not uncommon for these cases to go far beyond that period. However, couples with uncontested divorces spend substantially less time in court than others with fault or no-fault cases.

People often spend more time in court during their divorce if they cannot agree on all key terms. Yet those going through an uncontested divorce may not even have to appear in front of a judge, leading to a faster resolution.

Fewer Expenses

It is less expensive to file an uncontested divorce in Arizona than it is to file a contested one. Since mediation and court time are unnecessary because you and your partner are already in agreement, your attorney will not have to spend a lot of time on your case.

This time reduction leads to lower legal costs for the dissolution of the marriage. You could also save if you do not need to hire property appraisers, forensic accountants, or child psychologists to assist in your divorce.

More Control Over Your Divorce Terms

You and your partner will have more control over the outcome of an uncontested divorce. You both would have direct involvement in the essential divorce terms. Once you reach an agreement, you must present it to the judge for approval and a final ruling, without the court intervening directly.

Peace of Mind

If you want minimal stress during an already emotionally draining time, an uncontested divorce may be ideal. There would be fewer disputes and less need for ongoing negotiations or stressful confrontations. The entire ordeal may end more quickly than a contested divorce, allowing you and your family to regain a sense of normalcy sooner rather than later.

The Legal Requirements for Uncontested Divorces in Arizona

The first step in learning how to file an uncontested divorce in Arizona begins with understanding the requirements for qualifying.

Residency

To file for any divorce in Arizona, you or your partner must live in the state for at least 90 days. If the marriage includes children, they must have lived in Arizona with a parent for at least six months before the initial filing date.

Agreement on Divorce Between Spouses

To file for a consent decree, both you and your spouse must mutually agree on child custody, child support, division of property and debts, and spousal maintenance. The agreement must be reasonable and comprehensive for it to work in your case.

Agreement on the Reason for the Divorce

Arizona is a no-fault state, which means you can dissolve your marriage simply by claiming irreconcilable differences or an irretrievably broken marriage. The exception to this rule is a covenant marriage, which requires couples to follow additional steps to marry and divorce. If you use the summary consent decree process, you and your partner must agree that your marriage is beyond repair and there is no need to go through the state’s conciliation process.

Essential Steps To File an Uncontested Divorce

Ready to learn how to file an uncontested divorce? Here are the steps you must take.

Determine Your Eligibility

The first step is to ensure you and your spouse meet the eligibility requirements for an uncontested divorce in Arizona. Eligibility depends on your time living in the state and whether you both agree to dissolution terms due to having an irretrievably broken marriage.

File and Serve the Divorce Petition

Next, you would file a Petition for Dissolution of Marriage. It is helpful to have a skilled divorce attorney assist with this step; they will ensure the petition is accurate and update it if necessary. The filing would be with the County Clerk.

After filing the petition, you must serve it to your spouse within 120 days of the filing. You can serve it in person, by mail, or through the county sheriff. A process server could also handle this part for you.

Wait for Your Served Spouse’s Response

Your partner will have 20 days to respond to the Petition for Dissolution of Marriage. The timeline extends to 30 days if they reside out of state. Their response includes their signature on a notarized Acceptance of Service Notice and the petition, and they return the forms via one of the previously mentioned methods.

Request Temporary Orders

If necessary, you or your partner may request a temporary order to maintain stability until the end of the divorce process. The temporary order may address issues such as spousal maintenance and the short-term use of marital property.

Submit the Divorce Agreement

Finally, once everyone agrees to the terms outlined in the divorce, and the documents have the required signatures, you must notify the court of your intention to complete an uncontested divorce. You would sign the consent decree before a notary public, which the judge will receive along with the separation agreement. If the judge approves everything, they will sign the consent decree during the hearing.

For a default decree, you would go through the steps for a consent decree. However, if your partner fails to respond to the Petition for Dissolution of Marriage in time, you can file an Application and Affidavit of Default with your county clerk.

Your spouse will have ten days to respond to the application. If they still do not answer, you can request a default hearing, where the judge will inquire about different aspects of the divorce. If they deem your petition as valid, their ruling will include a decree of dissolution to finalize your divorce without input from your partner.

Changing an Uncontested Divorce to a Contested Divorce: Is It Possible?

Suppose you and your spouse discuss terms after learning how to file an uncontested divorce, but you cannot agree on key issues. In that case, the uncontested divorce will shift to a contested one.

That does not mean the ordeal will become overly burdensome or complex. You could still resolve issues relatively quickly if there are not many contested issues.

In the event the case becomes contested, one of you must file a Response to Petition for Dissolution of Marriage. If both of you can work through the contested issues, you may not need a resolution through a trial judge.

Consult With an Arizona Lawyer To Start Your Divorce Process

If you want more details on how to file an uncontested divorce after learning the difference between contested and uncontested divorces, we can help. Our lawyers at Lincoln & Wenk, PLLC, have decades of experience practicing divorce law from our offices in Phoenix, Goodyear, and Peoria. We provide personalized legal services to support our clients and advocate for their rights in and out of the courtroom.

We are the professionals to call for contested divorces, child support, military divorces, and property division. Schedule a consultation with an attorney from Lincoln & Wenk, PLLC, by calling (623) 294-2464.