Tucson & Phoenix Paralegal – What is an “Uncontested Divorce” in Arizona?
In order to understand what an “uncontested divorce” is in the state of Arizona, it is probably best to start with the meaning of a “contested divorce” in Arizona. A “contested divorce” as the name implies, means that one party contests some aspect of the divorce. Some common “contested” matters include: (1) disagreements on how to divide up assets and debts of the marriage; and (2) disagreements on how child legal decision making(custody) should be split. With a “contested divorce” it is often necessary to consult an Arizona attorney who can advise you on your legal rights. After you’ve received legal advice give our paralegal service in Tucson and Phoenix a call The Divorce Guy!
With an “uncontested divorce,” either both parties agree to the terms of the divorce, meaning they don’t want to fight about their rights in the court system, or the other party chooses not to participate in the divorce process. In cases where a party does not participate in the divorce process, the participating party files the appropriate legal paper work (which can be prepared for you by an Arizona Paralegal) and the court enters a divorce decree. This is assuming that there are no objections from the other party, which there won’t be if that party is refusing to participate.
Tucson & Phoenix Paralegal – What are the requirements for an “Uncontested Divorce”?
In Arizona there are several requirements in order to get an “uncontested divorce.” Arizona requires that the couple involved in the divorce have lived in Arizona for a minimum of 90 days. If there are children involved then the children must have lived in Arizona for at least six months. Furthermore, Arizona does not require any fault in order to dissolve a marriage. Arizona is a “no-fault” state, meaning that the only requirement is your belief that your marriage is “irretrievably broken.
Finally, there are several types of “uncontested divorces” that an Arizona Paralegal can help you file. There are: (1) uncontested divorces without children; (2) uncontested divorces with sole custody; and (3) uncontested divorces with joint custody. Under the first kind, you and your former spouse have no children together, under the second you and your spouse have decided that one person should have sole custody, and under the third you and your spouse have decided to split custody of your children in some manner. In the last two situations, an Arizona Paralegal cannot tell you how to divide custody. This is something that only you and your spouse can decide. However, once you have decided how custody should be split your Arizona Paralegal can make it happen!
Although a divorce can be a very emotional time in your life, filing for one does not have to be a complex or expensive manner. If you and your soon to be former spouse can agree on how your divorce should proceed, then an Arizona Paralegal can ensure your legal documents are drafted and submitted in a timely manner. In no time you will be able to get a divorce in Arizona.
For more information about our family law services, contact us at (520) 327-1085 in Tucson or (480) 745-2533 in Phoenix and Mesa