Uncontested Divorce Arizona
Uncontested divorce is a term that refers to both spouses agreeing to end a marriage. It is different from a contested divorce in which the two spouses can’t agree on certain aspects of the separation.
Is uncontested divorce the right choice for you and should you agree to it? Getting a better idea about its implications will provide you with an answer.
The Requirements for Getting Uncontested Divorce in Arizona
Several main conditions will have to be met for the two spouses to get an uncontested divorce. For example:
- The marriage should be over on the basis of irretrievable breakdown
- There is agreement between the two spouses on the division of property, assets, and debt
- There is agreement about the payment of alimony
- The two spouses have reached agreement about the legal and physical custody of children
- A visitation schedule is approved by both
- There is also an agreement about child support payments
In essence, you have to agree to every single aspect of the divorce in order to make it uncontested.
Click here to find out the steps for an uncontested divorce in Arizona.
Is Uncontested Divorce in Your Best Interest?
Uncontested divorces are less expensive and quicker to get. This is one of the reasons why many individuals who are considering separation will be examining the pros and cons of this possibility.
In theory, it is all great. In practice, however, things can get more complicated. One of the parties in a divorce will usually feel that they’re being treated unfairly. If you agree to the uncontested divorce in such circumstances, you will be making a major compromise.
Uncontested divorces could be impulsive. In addition, there may be pressure from one party to get things finalized quickly. Being subjected to such pressure could force you into a rash decision you will later regret. The first thing you can do is consult an Arizona divorce attorney. The lawyer will inform you about the terms and conditions and give you a better idea about the fairness of the proposal.
The lack of discovery in the case of uncontested divorces can also be troublesome. When a divorce is contested, both parties will have to provide comprehensive information about their financial situation. Thus, there’s no risk of assets being concealed. Very often, assets are hidden in the case of uncontested divorces, leaving one of the spouses with less than they’re entitled to.
If there is a history of domestic violence or emotional abuse, you should not agree to an uncontested divorce. A disparity in the power dynamics may leave you unsatisfied with the conditions and even tricked into a divorce that’s completely unfavorable.
To sum it up, uncontested divorces are streamlined, and less information will be provided to the public. If you and your ex have a good relationship regardless of the marriage’s end, uncontested divorce would be the best one to pursue.
When you have many assets and kids, however, getting an uncontested divorce can be much more difficult. This is also true for couples who tend to fight a lot and cannot have open communication with each other. In such instances, the power dynamics will come into play or an agreement will be impossible to reach on some aspect of the divorce.
Even if you originally considered getting the uncontested divorce, you should still talk to an attorney. The lawyer will give you more clarity and help you decide whether you should challenge certain aspects of the marriage dissolution in court. You are free to pursue this course of action, even if you have originally considered getting a divorce on the terms and conditions proposed by your ex.