Why You Need a Lawyer for an Uncontested Divorce in Arizona



If you and your spouse have reached a mutual decision to end your marriage — and there are no disputes concerning property division, child custody or support — you may be able to file for an uncontested divorce. Rather than letting a judge decide your case, you and your spouse can determine the outcome. An uncontested divorce can save you time, money and aggravation. However, even if you’re pursuing this option, it’s important to retain an attorney to protect your rights.

Specific criteria must be met in order to obtain an uncontested divorce in Arizona. The marriage must be irretrievably broken and either spouse must have been a resident of the state for 90 days or more. If there are children involved, one spouse must have resided in Arizona for the previous six months and currently live in the state.

A lawyer is needed in an uncontested divorce to navigate details

There are many parts to an uncontested divorce process and an attorney helps to guide you though all the details. In an uncontested divorce, you may not need to go to court but certain procedural steps are required and complications sometimes arise. No matter how straightforward your case may seem, a lawyer can serve these important functions:

  • Facilitating and filing the necessary paperwork — In addition to a petition for a dissolution of marriage, there are various other documents that must be provided to the court. A lawyer who handles divorce cases will know what paperwork needs to be filed and help you avoid costly mistakes.
  • Ensuring deadlines are met — A divorce lawyer can ensure you meet any applicable deadlines in your case to avoid unnecessary delays.
  • Protecting your rights — Even if your divorce begins as an uncontested matter, conflicts may arise. By retaining a divorce attorney at the start of your case, you can ensure your legal rights are protected in the event of a property, alimony or custody dispute.
  • Helping you find alternative solutions — If you and your spouse cannot reach an agreement concerning specific issues, a lawyer can weigh your options and advise you on whether it would be best to bring your case to court.
  • Determining whether your agreement is fair — When you have a divorce lawyer on your side, they can evaluate whether the agreements you’ve reached concerning child support, custody, alimony and property division are fair.

There are a few different ways you can pursue an uncontested divorce. If you and your spouse have not worked out all the issues that need to be decided, you may opt for mediation or collaborative divorce. Both processes can help you bring about a peaceful resolution. A skilled divorce attorney can discuss which option may be best for you.

The divorce lawyers at Clark & Schloss Family Law, P.C. are committed to helping clients in Arizona navigate the divorce process and obtain the best possible outcomes in their cases. Call 602-789-3497 or contact us online to schedule a consultation at our Scottsdale office.