Dedicated Phoenix divorce lawyer discusses an uncontested divorce and why it may be a good option for couples who generally have no disagreements regarding the fundamental divorce issues such as child custody, assets, and support.
What one would presume that most divorce cases are arduous, tensions, fighting, there are a number of divorces that proceed through the courts here in Arizona that are uncontested divorces. Talking with a client recently, I had to revisit with him what an uncontested divorce was. He was confused as to why there were so few court hearings and back and forth with the spouse that he was divorcing.
An uncontested divorce is that when the petitioner files the claim for a divorce, or the divorce petition, actually the claim in the court, they state certain things in there. You have to state what you want and how you want the property divided and different things as it relates to children that are involved and division of property and community property and personal property. That complaint is served, that petition is served on the respondent party. If the responding party does not contest any of those issues, virtually that is what becomes an uncontested divorce. The other party is saying I agree with everything that was filed in the petition; give them what they want. They sign off on it and it becomes an uncontested divorce.
That divorce sits with the court for the statutorily mandated time frame, after which the divorce decree is issued and the divorce becomes final; the two parties go their ways. That, in a nutshell, is an uncontested divorce. These are wonderful for parties that are getting divorced because one party walks away with everything that they want and the other party doesn’t contest it. They even have some agreement to it.
Where uncontested divorces become an issue is later on down the line, when the person could possibly have second thoughts about what they did not contest. In some of those matters, you have to attempt to bring those matters up again, but those are the least expensive divorces and there’s a fine line of that process through courts here in Arizona. If you feel like you’re facing an uncontested divorce, you should file a jury case, maybe pro se and you haven’t received any responses, come sit down and talk to a lawyer. You very well could have missed some points in the divorce and once it’s signed off on, some of those issues are more difficult to bring back up to the court.
You want to sit down and talk with an experienced divorce lawyer, just to review it and make sure that you are not giving up some rights that you are not going to be able to revive later on or the petitioner didn’t miss some points so that once the divorce becomes final, you have all of your Ts cross and Is dotted.
Are you considering divorce and have questions about whether uncontested divorce is right for you? Contact our dedicated Phoenix divorce lawyers for a free confidential consultation.
Out of Town Legal Resources
We had a call the other day from someone who had questions about divorce filings in New York. We practice in Arizona, but we found this family law attorney in Rochester, NY that did a really nice job with their online guides and videos. If you or someone you know has questions about divorce or other family law matters in New York, take a look at their online New York Family Law Guide.