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What is an Uncontested Divorce in Arizona?

Posted On January 10, 2022 In Divorce

An uncontested divorce in Arizona is a divorce that has no outstanding issues or disagreements that require court intervention and resolution. The spouses both agree to the divorce and all significant divorce-related matters, or one spouse fails to make an appearance and contest the divorce action.

When is an Uncontested Divorce a Viable Option?

An uncontested divorce is a viable option for couples who can work productively together, with or without the help of attorneys, to resolve their major issues.

These may include:

  • Division of real property, assets, and debts;
  • Child custody and visitation;
  • Child support; and
  • Spousal support.

Who Qualifies for an Uncontested Divorce in Arizona?

To qualify for an uncontested divorce in Arizona, the spouses must meet residential and statutory requirements. These are as follows:

  1. At least one spouse must be an Arizona resident for a minimum of ninety days; and
  2. Both spouses must agree the marriage is irretrievably broken.

Uncontested Divorce by Consent Decree

In an uncontested divorce by Consent Decree, one spouse files a Petition for Dissolution of Marriage and all accompanying documents. The other spouses files a Response. The spouses then draft and sign a Marital Settlement Agreement outlining all agreed terms of property division.

If there are minor children of the marriage, the spouses will also submit a parenting plan addressing child custody and visitation. A child support calculation must be included.

The final document in the series will be the Consent Decree for Dissolution of Marriage. The court typically accepts and approves decrees within two weeks. The court can reject a decree if the information is incomplete, unfair, or contrary to law.

Uncontested Divorce By Default Decree

When the spouse served with the Petition for Dissolution of Marriage fails or refuses to file a Response, their spouse may file an Affidavit and Application for Default. There is a waiting period after which a default hearing can be scheduled.

The spouse who filed for divorce must present a Default Divorce Decree at the hearing that sets forth that spouse’s desired:

  • Custody and visitation orders;
  • Child support calculation;
  • Division of assets, debts, and real property;
  • Spousal maintenance request; and
  • Attorney fees award.

While some spouses use this method as an uncontested divorce, depending on the petitioning spouse to submit the agreed orders, this does not always happen. Therefore, it is best to file a Response to a Petition for Dissolution of Marriage rather than rely on a spouse after a default.

Speak with an Experienced Arizona Divorce Attorney

If you would like to discuss an uncontested divorce in Arizona, contact the experienced Chandler divorce attorneys at Wilson-Goodman Law Group, PLLC. Let one of our divorce professionals walk you through the uncontested divorce process and help you decide if it is best for meeting your unique needs and expectations.

Should uncontested divorce not be an option, Wilson-Goodman Law Group, PLLC, offers alternative methods for resolving high-conflict issues. Contact our office today to learn more about our many-faceted approach to divorce resolution.