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Would an Uncontested Divorce Work for My Divorce?

 

 

As the best divorce lawyers in Arizona, we often get asked, “would an uncontested divorce work for my divorce?” Hi, my name is Brandon Yost with the Law Offices of Kevin Jensen. Today, I’d like to talk to you about an uncontested divorce. What is it, and how long does it take? Well, an uncontested divorce is exactly what it sounds like. It’s a divorce in which you and your spouse agree on all of the main issues. So, what are those main issues? Well, if you have children, there are 3 additional issues. Legal decision making for the children. That’s the ability to make the major legal decisions for your children. Typically, these fall under the categories of health care, education, or religious upbringing. Parenting schedule, holiday parenting schedule, and child support. Then there are the other 3 that only indirectly involve the minor children, dividing your assets, dividing your debts, and spousal maintenance, or as most people call it, alimony.

You and your spouse may not have any disagreements on these issues. And if that’s the case, you can save yourself a lot of time and a lot of money. An uncontested divorce would be that somebody, one of you has to be the petitioner, would file a petition, and then the other person would agree with everything, and then you would send the court a consent decree. So, what is the procedure? Well, I recommend having an attorney draft up your paperwork. And oftentimes, it makes sense for both you and your spouse to come in and hire the attorney together, so that the attorney will prepare the paperwork. It’s also possible for each spouse to have separate representation and do it by agreement. We work with both cases, and we’re equally comfortable with doing it whichever way works for you.

Once we understand what the positions and the agreements are, we’ll prepare the petition and all the other required documents, and then file it with the court. And then once it’s filed, we’ll have a case number and a judge assigned. And then we can prepare the final documents. The Consent Decree, the property settlement agreement, the parenting schedule that includes legal decision making, holiday schedule, and regular parenting time. And then also a child support order. The property settlement agreement contains the orders on the alimony or spousal maintenance. And just so you understand, it’s not necessary that we have child support in every case, or that we have spousal maintenance in every case. Sometimes the agreement is that there won’t be any. Sometimes the facts lend itself to a case in which each parent is equally capable of supporting the children. They make approximately the same amount of money, and they do equal parenting time. There’s not always a child support obligation, but there is a child support order. And that order may state that neither parent will pay child support to the other party.

The same goes for alimony or spousal maintenance. While it needs to be addressed in the court order, it could be that neither spouse will pay alimony to the other spouse. When you have an attorney draft of your paperwork, you’re going to make sure that all of these issues are covered and they’re set forth in sufficient detail. And then once all the paperwork is prepared, we’ll have both spouses come in. We’ll have the spouse who’s the respondent sign a waiver of service. And then they can sign the consent decree, the property settlement agreement, and the parenting plan, child support order. And then we sit on it for about 60 days, because in Arizona, there’s a 60-day cooldown period.

After that 60 days, we can send it to the judge. The judge will review it, sign it, and typically, we have those back within about 2 to 3 weeks depending on the judge’s schedule. You can avoid having any hearings in court. And you and your spouse can start working on the terms of your divorce immediately after you sign the property settlement agreement, because it will be in a contract. And then once the court signs it, it’ll be finalized, and you will again be single persons. If this is something that you’re interested in doing, please give us a call. We’d be happy to sit down with you alone, or you and your spouse together and talk about the details and determine if an uncontested divorce is best for you. Thank you.

For more videos answering common divorce with kids questions click here.

For more videos answering common divorce without kids questions click here.

Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Mesa AZ
3740 E. Southern Ave Suite 210
Mesa, AZ 85206
(480) 999-2321
https://www.familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://www.familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://www.familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://www.familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://www.familylawattorneymesaaz.net/glendale/




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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 9 AM – 5 PM Monday – Friday and we are closed on Saturday and Sunday.

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