What is the easiest way to divorce in Arizona — even when it involves kids, property and debt issues?
March 15, 2023
I can provide you with general information on divorce in Arizona.
In Arizona, divorce is called “dissolution of marriage,” and the easiest way to go about it depends on your individual situation. If you and your spouse agree on all issues, including child custody, child support, division of property, and debt allocation, you may be able to file for an uncontested divorce. In an uncontested divorce, the court process is simpler and quicker because there are no disagreements to resolve.
If you have children, the court will require a parenting plan that outlines the custody and visitation schedule for each parent. Additionally, child support payments will need to be determined based on the incomes of both parents and the needs of the child.
If you and your spouse cannot agree on all issues, you will need to file for a contested divorce, and the court will make decisions on matters where you cannot agree. This may involve going to trial and can be a lengthy and expensive process.
It’s important to consult with an experienced family law attorney to determine the best course of action for your individual circumstances. They can help you understand your legal options, navigate the divorce process, and work to protect your rights and interests.
What is the least expensive way to divorce?
The least expensive way to divorce will depend on your individual situation and the complexity of the issues involved in your divorce. However, here are some options to consider:
- Do-it-yourself divorce: If you and your spouse have no children and minimal assets and debts, you may be able to complete the divorce process on your own. Many states offer self-help resources and forms to guide you through the process.
- Mediation: Mediation involves working with a neutral third-party mediator who can help you and your spouse negotiate and reach an agreement on issues such as child custody, support, property division, and debt allocation. Mediation can be a more cost-effective and efficient option than going to court.
- Collaborative divorce: Collaborative divorce is a process where both parties work together with their attorneys to reach an agreement outside of court. It can be less expensive than a contested divorce because it avoids the cost of going to trial.
- Uncontested divorce: If you and your spouse agree on all issues, an uncontested divorce may be the least expensive option. This typically involves completing the necessary paperwork and filing it with the court, without the need for a trial.
It’s important to note that while some of these options may be less expensive than others, they may not be appropriate for every situation. It’s important to consult with an experienced family law attorney to determine the best course of action for your individual circumstances.
What if you think you might have an uncontested divorce but you’re not completely sure?
If you think you might have an uncontested divorce, but you’re not completely sure, it’s a good idea to consult with an experienced family law attorney. An attorney can help you understand the legal requirements and issues involved in your divorce, as well as help you determine whether you and your spouse are in agreement on all matters.
An attorney can also provide guidance on the best way to approach your divorce, based on your individual circumstances. They may suggest alternatives to going to court, such as mediation or collaborative divorce, which can be less expensive and less adversarial.
Even if you ultimately decide to pursue an uncontested divorce, it’s still a good idea to consult with an attorney. They can review your proposed settlement agreement to ensure that it’s fair and meets all legal requirements, as well as help you complete and file the necessary paperwork.
Overall, consulting with an attorney can help you approach your divorce with confidence, knowing that you have a clear understanding of the legal issues involved and the options available to you.
What if all we have is property (and debt) to divide?
If you and your spouse have only property and debt to divide, you may be able to pursue an uncontested divorce. An uncontested divorce is a simpler and less expensive process than a contested divorce, and it can be a good option if you and your spouse are in agreement on the division of property and debt.
To pursue an uncontested divorce in Arizona, you will need to reach an agreement on the division of property and debt, as well as any other issues such as spousal support (if applicable). You will then need to file a Joint Petition for Dissolution of Marriage with the court, along with your settlement agreement.
The court will review your settlement agreement to ensure that it is fair and meets all legal requirements. If the court approves your agreement, it will issue a Decree of Dissolution of Marriage, which will legally end your marriage and set out the terms of your settlement agreement.
It’s important to note that even if you and your spouse are in agreement on the division of property and debt, it’s still a good idea to consult with an experienced family law attorney. An attorney can help you understand the legal requirements and implications of your settlement agreement, as well as ensure that it is fair and meets all legal requirements.
Overall, an uncontested divorce can be a straightforward and cost-effective way to end your marriage if you and your spouse are in agreement on the division of property and debt.