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Lawyer AZ Uncontested Divorce Maricopa County

 

Divorce can be a good option when the marriage has gone bad. In such cases it can be a new lease on life for both the spouses and can help them get rid of an unhealthy relationship. You may also meet the right partner for you after the divorce process is over, and can be a single parent as well. The happiness that you may get from divorce and ending an unsatisfactory relationship may also improve your professional life and provide for better growth and success.

The Contested and the Uncontested Divorce

In most of the states of the USA, there are two kinds of divorces, the “contested” and the “uncontested” divorce. Divorce is said to be “contested” when the spouses/partners do not agree on one or multiple aspects of the divorce-related terms and the agreement. In these cases, a trial may be held at a court and the judges and the jury may examine the evidence to reach the most appropriate outcome. Because of the complications involved, the contested divorce process in the USA and Maricopa County may take more time.

An “uncontested” divorce in Maricopa County is the one where the spouses and the partners agree to all the issues and want to end their marriage amicably. Because there are no issues involved, no trial is required for fulfilling the divorce requirements. For any of these processes, you can also obtain professional help (as provided by an uncontested divorce attorney in Maricopa County.) There are also other options available and these include the online divorce service. When compared to traditional and contested divorce, the uncontested divorce will be a faster, hassle-free, and even more affordable option to end a marriage.

The Uncontested Divorce in Maricopa County

The legal term for an uncontested divorce is the dissolution of marriage. When the spouses have come to a conclusion that they want to end their marriage, they will have to file a petition in the court of law for the “dissolution of marriage”. The forms for the legal process (including the dissolution of marriage forms and the instructions) are available on the website of the judicial branch of Maricopa County. The divorce form can also be obtained from the court clerks at the time the spouses file their petitions.

The Covenant and the Non-Covenant Marriage

When you want to obtain a divorce (including a contested or uncontested divorce), you should be aware of the kind of marriage you had. There can be two kinds of marriages in Maricopa County, including the covenant and the non-covenant marriage. A covenant marriage only takes place after counseling has been provided by a marriage counselor or a clergy member. The partners of the spouses also have to sign a declaration form, when they want to apply for a marriage license and have a covenant marriage. Most people have non-covenant forms of marriage. If you are not sure which of the marriage forms you have, you probably had a non-covenant marriage. An uncontested divorce attorney in Maricopa County can provide you more information in this regard. Remember that the judges do not grant a divorce for the covenant marriages, the exception being certain specific and rare circumstances (as provided by the law of the State of Arizona).

The Petitioner

One of the spouses (husband or wife) who actually filed the petition is called as the petitioner in legal terminology. The other spouse is referred to as the respondent. The petition will require that you provide all the basic and essential information including the information regarding your spouse, yourself, and the children you have. You and your spouse may have come to terms regarding the property/asset and debt divisions, and these details are also to be included in the form. You also need to put in details related to child custody, alimony, and child support among others.

The Legal Conditions Involved for Dissolution of Marriage in Maricopa County

For an uncontested divorce, you need to fulfill the conditions given below.

  • The spouses should be in agreement over the division of debt and community property.
  • There may be no reason for you and your partner/spouse to come together again. In other words, the marriage should be “irretrievably broken”.
  • The spouses should also be in agreement over the issue of support (spousal support).
  • If the spouses have children less than 18 years of age, they should also be in an agreement over who would be the custodial parent. The custodial parent will have physical and legal custody of the child.
  • The visitation time and schedule for the parent not having custody of the child (the non-custodial parent) should also be agreed upon by both the spouses.
  • All the terms of child support should be agreed upon by both of the parents and spouses.
  • If you want to file for a contested or uncontested divorce in the state of Arizona, you or your spouse must be residing in the State for at least the past 90 days. If you also have children the period of stay should be of at least six months and one of the spouses should still be living in Arizona.

Maricopa County Uncontested Divorce Process

After you file the petition, you will have to wait for some time. You will have to serve the copies of the petition papers to the spouse. The spouse will have to sign these papers within a period of 20 days if the papers are served to him or her in the state of Arizona itself. If the papers have been served outside the state of Arizona, the spouse will have to sign it in 30 days.

The spouses will have to then file for a “joint consent decree of dissolution of marriage”. A response fee has to be paid and you may also have to attend the PIP (Parenting Information Program). After you have gone through these processes, you will obtain the consent decree. This decree may be delivered to you by hand or by mail. This decree will all have all the terms of the uncontested divorce and the underlying agreement. It will have the details of the division of debt, property/assets, child custody, spousal support and maintenance, child support, and visitation among other aspects of divorce.

According to the uncontested divorce process of Maricopa County, both of the spouses will have to sign the papers and the consent decree. However, you must sign the document only in front of a notary. The decree and the document are then filed or registered at the desk of the court clerk. After going through the papers, the court judge will sign the dissolution of the marriage decree. The signature of the legal authority and the judge, when placed on the document, will turn it to be an order of the court. It is important to know that when the spouses have children, they will have to undergo the Parent Education Class mandatorily before the judge can sign the decree and finalize it.

Finding the Right Attorney for Uncontested Divorce

Arizona has some of the best legal services firms and attorneys that can help you have an uncontested divorce at a marginal cost. However, you should do some research and go through the websites of these professionals and legal service providers to ensure that you make the best choice. When you want to keep it even more affordable, you can also call the attorneys and services and ask for the prices and fees. Consult your friends, acquaintances, colleagues, and others and ask for their recommendations, if any. Expert attorneys have all the right resources, knowledge, and know-how of the legal process. While an uncontested divorce in itself is a hassle-free way to end a marriage, it may be even smoother when you consult an expert legal service provider and attorney.

Initiating the Default Uncontested Divorce Process in Maricopa County

You can initiate the default uncontested divorce process when both you and your spouse are in agreement over the divorce. For the process, you will have to file the affidavit for default. You should carry two of these applications and affidavits to the court. One of these documents must be mailed to your spouse, while the other will be kept by the clerk of the court. The agreement that you and your spouse have between yourself may be ratified at the first hearing itself. There is a 60 day wait period, after which the court will issue the final order. When you complete a divorce through the default process, it is called the “default decree of dissolution of marriage”. This decree should be served to the spouse within 3 days you receive it.

Conclusion

The uncontested divorce process can be a more amicable, convenient, and hassle-free way to end the marriage. A reputed Jensen Family Law uncontested divorce attorney in Maricopa County can help you avoid the long and costly legal battle and can help you have an uncontested divorce in the least amount of time. You may have a new lease for life for yourself and may embark on the journey of life afresh with new hopes and with a new partner if you want.

Call us today and schedule your divorce consultation with one of our Mesa Divorce Attorneys. With offices in Mesa, Chandler, and Gilbert we are ready to help.

Jensen Family Law in Mesa
3740 E Southern Ave #210,
Mesa, AZ 85206
(480) 999-2321

 

 

 

 

 




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Jensen Family Law in Mesa is located on 3740 E Southern Ave Suite 210, 85206 Mesa, Arizona. From Phoenix Sky Harbor International Airport (PHX), Take S 41st St to E Sky Harbor Blvd, then head west on E Sky Harbor Blvd and Use the left lane to take the exit toward S 41st St. Then Turn right onto S 41st St. After that, Continue straight to stay on S 41st St, then Take AZ-202 Loop E, AZ-101 Loop S and US-60 E to S Val Vista Dr in Mesa. Take exit 184 from US-60 E after that Merge onto E Sky Harbor Blvd, then Use the left 2 lanes to merge onto AZ-202 Loop E toward Tempe/Mesa and Use the right 3 lanes to take exit 9 to merge onto AZ-101 Loop S. After that, Use the right 2 lanes to take exit 55A-B to merge onto US-60 E toward Globe, then Take exit 184 for Val Vista Dr. Then Continue on S Val Vista Dr to your destination and Turn left onto S Val Vista Dr. Turn right onto E Southern Ave, then Turn left and Destination will be on the right.

We’re open 9AM – 5PM Monday – Friday and we are closed on Saturday and Sunday.

For additional questions you can call us at (480) 999-2321 ro you can find us on Yelp.