Scottsdale Uncontested Divorce Attorney Provides Dedicated Counsel
Get an Arizona marital settlement agreement with assistance from experienced divorce lawyers
What does uncontested divorce mean in Arizona? While all divorces in this state are based on an “irretrievably broken” marriage, couples may still have disputes over how to handle real property, personal property, retirement benefits and other financial or parenting matters. If you and your spouse can agree on all relevant issues, you may avoid an adversarial court process and resolve the divorce on your own terms. An effective way to do this is by entering a marital settlement agreement (MSA), which can set forth arrangements for marital property and division of assets and debts, spousal support, child support, legal decision-making, parenting time and other terms. At Clark & Schloss Family Law, P.C. in Scottsdale, we bring more than 20 years of experience in uncontested divorces to bear in helping clients achieve fair and enforceable settlements.
Are you a candidate for an uncontested divorce? Skilled lawyer assesses your options
As attorneys well-versed in all aspects of marriage dissolution, we can determine if an uncontested divorce is best for you. A divorce is contested when spouses are unable to agree on all the issues, such as property division or arrangements for minor children requiring a trial and a final decision from a judge. But many couples choose uncontested divorce, especially in marriages of short duration and those without children or significant property issues. The process is more efficient and less costly and circumvents the stress and inconvenience of court appearances. To qualify for this option, a couple must meet all other conditions for an Arizona divorce. At least one spouse must have been a state resident for at least 90 days and any children of the marriage must have resided in Arizona for at least six months.
Marital settlement agreement attorney facilitates the uncontested divorce process
An Arizona divorce begins when one spouse files a petition for dissolution along with other required documents and serves copies of them upon the other spouse, known as the respondent. The parties must then wait at least 60 days to file settlement documents from the date of filing. During this time, they and their attorneys can work out a marital settlement agreement. While not required, an MSA can resolve any and all differences and avoid any possible surprises.
At the end of the 60-day period, the parties may file with the court a stipulation-to-consent decree that includes the MSA. A hearing may be held if the judge believes additional evidence is needed. Once the judge approves, a final decree of dissolution will be issued, which incorporates the terms of the settlement.
If the respondent fails to file a timely response to the divorce petition, the petitioner may file an application for default. After another 10 business days, with no response being filed a default hearing can be scheduled with the court, at which time the judge will issue a default divorce decree.
While the process is relatively straightforward, parties should expect it to take more than 60 days sometimes and be aware of all deadlines and filing requirements.
Scottsdale attorney provides valuable guidance in divorce
It is possible for spouses to represent themselves in uncontested divorce proceedings. However, a do-it-yourself divorce can be fraught with unexpected snags that may prove costly to resolve. An experienced Scottsdale divorce attorney can help you overcome potential hurdles along the way. From preparing and negotiating your settlement agreement to efficiently handling all filings and procedures, our firm prioritizes your best interests and puts you on a path to a successful resolution. We clarify any uncertainties you may have and keep you informed and prepared from start to finish.
Contact Scottsdale divorce attorneys for a free initial consultation
At Clark & Schloss Family Law, P.C., our experienced attorneys protect your rights at every stage of an uncontested divorce. Our office on Frank Lloyd Wright Boulevard in Scottsdale offers free parking and flexible scheduling. Call us at 602-789-3497 or contact us online to set up a free initial consultation.