An uncontested divorce means that the parties agree on the main issues such as child custody, child support and property division. Usually the parties in uncontested divorces do not need to go to trial in order to reach a divorce settlement. Generally uncontested divorces are faster and cheaper than contested divorces.
Phoenix Uncontested Divorce Lawyer
The Daly Law Firm represents clients going through divorce in Scottsdale, Phoenix, Mesa, and the rest of Maricopa County. If you have been served with divorce papers or you are contemplating a divorce, contact the Daly Law Firm for an analysis of your case. Divorce is a difficult event for all the members involved. The Daly Law Firm can help you pursue an uncontested divorce in as smooth a manner as possible. Call (480) 607-8308 for more information.
Uncontested Divorce Information Center
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What are the advantages of getting an uncontested divorce?
There are many advantages to getting an uncontested divorce. The ideal situation for uncontested divorce is if both spouses agree to end the marriage and are able to resolve major issues such as child custody and property division without a trial. Some of the advantages include:
If there is nothing to litigate then you don’t have to pay excessive legal fees and court costs because it is only a matter of filing papers and having the judge enter the agreement into the final divorce decree. It is possible to do a pro se divorce which means that none of the parties have legal representation. You can also have one lawyer draw up and file the legal papers for the divorce.
- Faster Divorce Process-
There is no need for motions and hearings and a trial so your divorce should be finalized in a matter of months.
The final divorce decree is always public record. With uncontested divorces, there is no trial so there is no witness testimony or depositions. The actual negotiation and compromises made to arrive at the final agreement do not need to be made public.
If you and your spouse can work out the divorce agreement then you have total control over everything. If you go to trial the judge has the final say on child custody and property division. You can try to appeal the judge’s decision but that will take more time and money and it can be very frustrating and expensive.
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What are the disadvantages of getting an uncontested divorce?
An uncontested divorce is going to be a disadvantage for the person who is:
- Not savvy about legal rights
- Dependent on the other spouse
- The victim of domestic violence
- Not able to communicate effectively with the other spouse
- Not represented by counsel and the other spouse is represented by a lawyer
If you are uncertain about the divorce process it is a good idea to talk to a lawyer about your options. It is still possible for you to have an uncontested divorce with both sides represented by counsel.
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Do I need to hire a lawyer for an uncontested divorce?
It is not always necessary to hire an attorney to represent you in an uncontested divorce case. Usually one of the spouses does hire an attorney to prepare the divorce papers. It is possible for both spouses to use one lawyer to prepare the divorce papers. However it is impossible for a lawyer to represent both spouses in a divorce case. If one spouse hires a lawyer and gets the divorce documents prepared, it is best for the other spouse to seek independent counsel to make sure their rights are protected.
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What is a waiver of service?
In divorce cases it is necessary to serve divorce papers to make sure the other spouse has notice of a divorce action in the Arizona court. When a divorce is uncontested, it is possible for the other spouse to sign a waiver of service which acknowledges that he or she received the divorce petition and does not need to be officially served. This waiver satisfies the notice requirement. Also with the waiver of service of process the spouse can also waive the right to go to the final divorce hearing.
If the divorce is uncontested it is usually not necessary for both parties to attend the court hearing. If you do not attend the divorce hearing make sure you do not sign a waiver which requires you to approve and sign the final divorce decree.
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What are the steps to an uncontested divorce?
The steps for an uncontested divorce are:
- Prepare the divorce petition and get the other spouse to sign a waiver of service.
- File the divorce papers with the court. The court will set a hearing to finalize the divorce.
- Both parties may not need to attend the hearing. The petitioner needs to go to court and the judge will verify the requests made in the divorce petition. Depending on the circumstances, you may be able to obtain a Decree of Dissolution without the need of hearing. As an experiences Pheonix divorce attorney I can help you determine whether or not your case may be resolved without a hearing.
- The judge may ask some questions to clear up any issues and confirm the terms of the divorce then the judge will grant the divorce.
Under Arizona law the court must wait a minimum of 60 days after the date the Respondent was served with the divorce documents before a final Decree can be presented to the court. Even if you and your spouse agree on the disposition of all assets, debts, custody and visitaiton, you may still be required to wait prior to submitting your Decree to the court.
Daly Law Firm, PLLC – Scottsdale Uncontested Divorce Attorney
The Daly Law Firm represents clients going thorough divorce in the greater Phoenix area, including: Maricopa County, Phoenix, and Scottsdale. It is important to get competent legal advice when going throught a divorce. Specifically you need to consult with a dedicated Scottsdale divorce attorney in order to present your side of the case to the court.
If you have been served with divorce papers or you are contemplating a divorce, contact the Daly Law Firm at (480) 607-8308 for a free initial consultation.