When ready to end your marriage, wanting to get out of it quickly, with little drama and fair settlement terms, is understandable. Not everyone can do that, though, and that’s okay. There are various pathways to divorce; you just have to decide what works best for your situation.
If you have an interest in skipping court, mediation or a long negotiations process and going straight to your divorce filing, an uncontested divorce may be for you. Under the right circumstances, yes, you can file this type of marital dissolution in Arizona. An uncontested divorce involves both parties being willing to come to settlement terms without going to court, or one party requesting the dissolution and the other party refusing to take part in the divorce proceedings.
How it works and who is eligible
To file an uncontested divorce, one or both parties has to submit a divorce petition with any agreed-upon terms to the courts for approval. To be eligible for this type of marital dissolution, parties must agree on all significant issues — such as spousal support, property division, child custody and support. If everything looks good, a judge may grant the divorce petition. If there are issues with the terms or one spouse decides to fight the proposed terms, a judge will not allow this type of divorce.
Benefits of going this route
There are two main benefits to pursuing an uncontested divorce. Going this route can save both parties a lot of time and a great deal of money compared to going through mediation or litigation.
The downside of going this route
The biggest downside to filing an uncontested divorce is that parties may not get complex issues adequately addressed. Settlement terms may not be equitable. No one should have to walk away from their marriage with less than they could simply because they want to avoid fighting things out.
Uncontested divorce does not mean you have to go it alone
Filing an uncontested divorce petition is not necessarily difficult. The paperwork is pretty streamlined. The problem comes when trying to make sure divorce terms serve your interests. Thankfully, when pursuing this type of divorce, you may seek out legal counsel to help you make sure the terms you are prepared to put before a judge are the best they can possibly be. You do not have to go through this alone. You do not have to chance walking away with less than you deserve.