It is rarely an easy path to decide to part ways, and the divorce process itself is emotionally and legally complex; however, it doesn’t always have to play out in a bitter courtroom drama. The majority of divorces in Arizona do not require a trial at all. Instead, many spouses manage to achieve an uncontested divorce, saving time, money, and contention.
An uncontested divorce enables spouses to move forward after the finalization of their divorce under the best possible circumstances, with fewer adversarial feelings. If you and your spouse have determined that divorce is the inevitable conclusion for your family, it’s important to know your legal options, including how to achieve an uncontested divorce in Arizona. A knowledgeable Chandler divorce lawyer can help guide you through this process with clarity, compassion, and efficiency.
In an uncontested divorce, spouses manage to reach agreements on the terms of their divorce without the need to present arguments in court for a judge to decide for them. Instead of going through the emotional and legal distress of presenting disputes in the public forum of court, divorcing spouses can keep the details of their private and financial lives out of the public record and avoid the need to face each other across tables on different sides of a courtroom to battle it out in front of a judge and other strangers.
In an uncontested divorce, the spouses meet together with their separate attorneys to negotiate all the required terms of an Arizona divorce until they reach an agreement on each aspect of the divorce and sign a divorce settlement agreement. In most uncontested divorces, mediation also plays a role in the success of the settlement agreement. An uncontested divorce is especially beneficial for spouses who share children. Avoiding an adversarial court process better supports the ability to communicate and compromise effectively as they co-parent after the divorce.
A professional mediator is deeply familiar with the state’s divorce laws and all requirements for meeting the necessary agreements in a way that’s fair, equitable, and almost certain to be approved by a judge without the need for court. The spouses attend mediation together with their attorneys, with each side negotiating for what they want on each aspect of the settlement agreement.
The professional mediator offers personalized solutions for any disputed matters and often has creative ideas for legal resolutions that the spouses might not have considered. Mediation is an important component of most uncontested divorces, especially for spouses who share children, have substantial marital property, or have disputes, such as which spouse retains the family home.
Like other states, Arizona’s family courts require divorcing spouses to part ways on fair terms, preventing one spouse from enduring unfair hardship and setting legal parameters for sharing any children of the marriage. In Arizona, a divorce settlement agreement for an uncontested divorce must include details for the following terms:
An uncontested divorce is typically a fast and streamlined process for divorcing spouses with no children and few marital assets. However, it can require multiple negotiation meetings and mediation attempts when spouses have children and/or share considerable assets, have a high net worth, or diverse financial holdings.
Divorce court comes at a substantial financial and emotional cost. Not only does it require far more billable attorney hours, but it also requires both spouses to gather eyewitnesses and evidence, testify about intensely personal details in a public forum, and leave critical, life-altering decisions in the hands of a judge.
It also takes far more time, including waiting for a court date, strategizing with an attorney, preparing for trial, and then the trial process, followed by days or even weeks of a judge’s deliberations. By choosing an uncontested divorce, spouses avoid the expense of court, typically have a much faster divorce process, and keep the details of their breakup and finances out of the public record.
In a collaborative divorce, the spouses agree in advance to pursue an uncontested divorce, even if it requires multiple mediation attempts. The collaborative divorce process requires the spouses to first sign a binding legal document agreeing that they will not take each other to court. Then they reach their pre-determined goal of an uncontested divorce by collaborating with their attorneys and a mediator to reach a settlement agreement.
After both spouses and their attorneys negotiate, draft, and sign a divorce settlement agreement for an uncontested Arizona divorce, the attorneys present the agreement to a judge, typically without requiring the spouses to appear in court. A judge almost always signs a settlement agreement into binding legal divorce orders and dissolves the marriage.
Judges only decline to sign a settlement agreement if it’s egregiously unfair to one spouse, the custody agreement does not meet the court’s required standard of the child’s best interest, or they suspect that one spouse signed the agreement under duress or coercion. Under these uncommon circumstances, the judge may demand a hearing with both spouses and their attorneys present.
Although an uncontested divorce does not require a lengthy and contentious divorce trial, a judge will not sign a settlement agreement that isn’t well-executed with meticulous attention to detail. The agreement must meet all required divorce terms, and all appropriate documents must be filed correctly and within the applicable timelines.
Call the experienced Chandler family law lawyers at Wilson Goodman Law Group, PLLC to speak to an attorney who will safeguard your best interests while achieving a low-conflict result that best aligns with your goals for your family.
