A divorce may be deemed uncontested when couples mutually decide to dissolve their marriage. Opting for this type of dissolution can be cheaper, quicker and less stressful and it allows both parties to have control over the outcomes. However, even in seemingly straightforward situations, legal issues may need to be resolved, and that’s why it is advisable to be represented by an attorney.

In Arizona, specific conditions must be satisfied for an uncontested divorce. The marriage must be conclusively deemed broken, and at least one spouse must have been a resident of the state for no less than 90 days. If children are involved, the residency requirement extends to six months for one spouse, who must still reside in Arizona.

The role of a lawyer in an uncontested divorce is to help navigate the complexities of the process. While you might not need to appear in court, the divorce process involves several procedural steps, and unexpected complications can arise. Here are several key reasons why having legal representation is beneficial, even in an uncontested divorce:

• Handling and filing paperwork — Divorce proceedings require more than just submitting a petition for dissolution of marriage; various other documents must be presented to the court. An experienced divorce attorney knows precisely which documents are needed and can assist in filing them correctly to avoid costly errors.

• Meeting deadlines — Divorce attorneys ensure that all critical deadlines are met, helping to prevent any delays in the process.

• Protecting your rights — Even if a divorce starts out uncontested, disputes over property, alimony, or custody can develop. Having an attorney from the start ensures that your legal rights are protected throughout the process.

• Exploring alternative solutions — If disagreements arise, your attorney can offer advice on alternative resolutions such as mediation or collaborative divorce, which might prevent the need for court intervention.

• Arriving at a fair agreement — A divorce lawyer will prepare and/or evaluate the fairness of any agreements reached, particularly concerning child support, custody, alimony and property division, ensuring that you are not disadvantaged.

If unresolved issues remain between you and your spouse, you might consider mediation or collaborative divorce. Both are ways to resolve conflicts amicably. An uncontested divorce attorney can help determine the most suitable path for your situation, guiding you towards a peaceful resolution.

Clark & Schloss Family Law, P.C. in Scottsdale provides legal counsel to help residents of Arizona navigate their divorce proceedings, ensuring the most favorable outcomes possible. To discuss your case and explore your options, call us at 602-789-3497 or contact us online.