Can Uncontested Divorce Work in Your Situation?
It makes sense to consider uncontested divorce if you and your spouse not only agree that your marriage is over, but agree as well on the details of its termination. You may be able to save a great deal of time and expense in obtaining your divorce if you and your spouse can find common ground.
Nevertheless, it's a good idea to discuss your situation with a lawyer even if you anticipate that there will be no issues in dispute. Sound legal advice can make sure that your divorce documents accurately reflect your agreement on the main issues that will need to be addressed. The court won't approve your divorce, even on an uncontested basis, if your agreement isn't complete, if it contains illegal terms, or if it simply doesn't make sense.
Call 602-639-4618 for Advice About Uncontested Divorce in Metro Phoenix
Contact a family law attorney at Deloughery & Ruotolo, P.C., in Scottsdale to see if uncontested divorce will work for you. Our goal isn't to turn a smooth process into a major production — it's to protect you from mistakes and to give you a good chance of success on your initial application to the court.
There are two main things to be aware of when considering an uncontested divorce. First, you have to make sure that there are in fact no disputes on the following issues:
If you can't agree on any one of these issues if it applies in your case, you won't be able to get a divorce on an uncontested basis.
The other important consideration has to do with understanding your rights and responsibilities under Arizona law. It doesn't do you any good to agree to a mutual waiver of child support obligations once you learn that divorcing parents can't release each other from child support. Similarly, you shouldn't try to divide community property until you have an accurate understanding of what's legally included in the marital estate.
Some people need a lawyer's advice about legal separation. That works just about the same as uncontested divorce, with the important exception that neither spouse will be free to remarry. Otherwise, you can divide marital assets and debts, stipulate to support responsibilities, and arrange for child custody and visitation just as you would in a divorce.
For more information about legal separation and uncontested divorce in the Greater Phoenix Area, contact the law firm of Deloughery & Ruotolo, P.C.
