The world of today and society at large has witnessed tremendous changes in every facet of daily life – the institution of marriage included. Today, couples wanting to dissolve their marriage have more amicable divorce options such as uncontested divorce or what legal experts call no-fault divorce.

In Arizona State, it is not uncommon to find couples ending their marriage via DIY divorce. Arizona’s legal codes allow for this type of divorce, and in recent times, many have preferred this route, and for a good reason. When a couple files for an uncontested divorce, they do not have to prove to the court that any wrongdoing was perpetrated by either party. Today, 17 states, including Arizona, allow couples to file for a divorce without an attorney.

What is an uncontested divorce/ No-fault divorce?

An uncontested divorce or a no-fault divorce is a unique process of marriage dissolution whereby the marriage ends without any party providing any form of evidence to justify its dissolution. According to Arizona law, the court may grant a divorce after receiving a petition from a petitioner. This is a direct opposite of a fault divorce or a contested divorce. In a contested divorce, the person filing for divorce must prove to the family court beyond any reasonable doubt that his or her spouse has violated their trust, whether through adultery, physical abuse, etc.

The court of Arizona treats the case as it will treat a business contract that is ending. Witnesses are not expected to testify against the other party in the marriage. Rather, the court goes ahead to terminate the marriage based on the idea that both parties can no longer reconcile their differences, so therefore, a dissolution is warranted.

One thing to note is that, even though your spouse’s behavior is not taken into account when processing the divorce application, it may be reviewed in areas where his or her actions affect the children, if any.

How to file for an uncontested divorce in Arizona

Filing for a no-fault divorce is relatively easy and straightforward. Once both parties mutually agree to terminate the marriage contract, one party can proceed to kick start the process. Simply put, this type of divorce is a divorce of agreement, and in many cases, a lawyer may not be required to finalize the process absent any issues with property, custody, or support.

If you are looking to file divorce documents for an uncontested divorce in Arizona, here are some steps to help you out.

Check Arizona State Requirements 

The first thing you need to do is to check the state’s laws for filing an uncontested divorce. You should consider quite a few things under the law before moving forward, including issues such as residency, the minimum separation time, and the waiting period after submitting the divorce paperwork. The rule as regards timing is very crucial and should be considered carefully. 

To file for any divorce in Arizona, one of the spouses must live in the state for at least 90 days. Also, the divorce should be filed in the county where the petitioner lives at the time of filing. 

Obtain the divorce forms

The next step should be to obtain the divorce forms. You can do this by either contacting the clerk’s office in your county or going through an online divorce company.

Be sure that your divorce is an uncontested

It helps if you and your spouse have discussed the divorce in advance and have agreed to have an uncontested divorce. That way, you avoid surprises that could affect the length of the divorce. If you and your spouse agree to all the terms of your divorce before filing, you can minimize the time it takes to finalize the divorce. You also open options like online divorce, which greatly simplifies paperwork preparation. 

Complete the forms

The forms for your case will vary depending on the circumstances (children, property, etc.) and your location (some forms are county-specific). So, if you are preparing your documents on your own, you’ll want to contact the local court to find out which forms are necessary for your case. 

Even in the simplest cases, divorce paperwork can be tricky. It will need to be done right to avoid delays and to ensure the desired outcome. If you are unsure about anything, you can seek an attorney’s help or use an online divorce service.

Online divorce services like arizonaonlinedivorce.com can select and prepare all the necessary paperwork for your case in as little as two days based on the information you provide in an online questionnaire. You get accurately completed divorce forms for a low price, customized for your location and circumstances, and easy to follow filing instructions.

File the forms

Your completed documents will have to be signed and filed at your local court. You should make two copies of everything. The originals will stay with the court, and the copies will go to you and your spouse. At the time of filing, the court will stamp all copies with a case number and charge you a filing fee. If you cannot afford the filing fee, you can apply for a fee waiver.

Serve your spouse

After filing the forms, you’ll have to serve your spouse with a copy of the paperwork. If your case is uncontested, then your spouse is already aware of the divorce, making this step simple. Once served, your spouse will have to accept service. Proof of service must be filed with the court. If your spouse refuses service, the case becomes uncontested by default. At that point, you can ask the court for a default judgment, and the court will enter a decision based on the petitioner’s requests in the divorce petition. If he or she accepts the paperwork, both of you can now enter into an agreement to negotiate a fair settlement to both of you. The settlement agreement should be submitted before a filing hearing.

Why go the uncontested divorce route?

The uncontested divorce method remains the most inexpensive and fastest method today. It allows you to avoid lengthy and protracted trials. If proceedings go smoothly, you and your spouse may not even have to meet in person to finalize the arrangement. Even if an attorney’s aid is required, it would only be for minor issues before the separation goes into effect. Here are some of the pros of applying for an uncontested divorce in Arizona.

• Quick and inexpensive 

The process is inexpensive and quick. You spend less money and time to complete the process. Having more money in your pocket is a good thing as this will make the transition into singlehood much easier.

• Protection for dependents

Children suffer the most when a marriage is dissolved, even more than the couple going through the process. If you have kids, you need to consider the effect a protracted divorce case will have on them. Make no mistake, a divorce of any kind has an adverse impact on kids, but you can make the burden less by dissolving your marriage without drama. 

• An escape route for those in abusive relationships

This process allows people suffering from abusive relationships to get out of their marriage with less difficulty. It also helps individuals avoid the stress of testifying before a trial judge if they don’t want.

How does an uncontested divorce process work in Arizona?

In Arizona, the process starts when you file a petition to dissolve your marriage by submitting the required documents to the court and serving your spouse. After this is done, the court will wait for 20 days to allow your spouse to file a response. If none is forthcoming within the period, the court will allow you to apply for an uncontested divorce by default. If your spouse responds but does not dispute any of the terms in the petition, it also moves forward as an uncontested divorce. 

If there are any disputed issues, attorneys will be required to represent each party’s best interests in court. Such instances include property division, child support, alimony payment, child custody, and visitation hours. A couple hoping for an uncontested divorce that is willing to negotiate could use mediation as a more amicable way to settle any issues. If an agreement cannot be reached, a trial date will be provided to each spouse to visit the court to defend their case. After hearing the testaments of the parties involved, the judge will decide at their discretion (which rarely completely satisfies either party) and issues an order before the divorce is finalized.

How long does an uncontested divorce take in Arizona?

After the filing of the divorce documents, the court will wait for 60 days. This mandatory waiting period starts from the date the divorce paperwork is filed. If there are no disputes, the process will be completed at the expiration of the 60 days.

How online divorce Companies can help you

Today, there are online divorce companies that help couples to facilitate their uncontested divorce process. These firms provide couples with necessary aid to make the process as stress-free as possible. Through the platform, divorcing couples can obtain all the divorce forms needed to file with the court. Though online divorce companies cannot offer legal advice, by taking on the complicated paperwork, which for most couples is the most challenging part, they greatly simplify the entire process. 

If you plan to file divorce paperwork for an uncontested case in Arizona, consider using a reputable online platform. They are cheap, fast, and easy to use.