An uncontested divorce is one in which both parties can agree to all the terms, including property division, child custody, child support, spousal support, and more. When the two spouses can agree to all terms, they can submit a settlement and divorce decree to the judge after the60-day waiting period expires.
The waiting period is in place to allow either party to request free marriage counseling to try and repair the marital relationship. The counseling is free through the court’s mental health providers. When a case starts as a contested divorce but then becomes uncontested, the process can take anywhere between 60 to 120 days.
Factors that Determine How Long an Uncontested Divorce Takes
The amount of time it takes to reach a marital settlement agreement in an uncontested divorce will depend on the case’s complexity. Cases involving child custody, child support, or complicated property division will typically take longer. Before a case can be considered truly undisputed, both parties must reach an agreement on all issues.
Parenting Plans and Uncontested Divorces
Parents getting a divorce may not want to endure a long custody battle, but they must still create a parenting plan. The plan will address child custody and parenting time issues that affect the minor children involved. Parenting plans should clearly outline the schedule, how parents will communicate, and other details to avoid future disputes. When a dispute arises, the plan should clearly outline how it should be resolved. All of these decisions are important, but they are also complicated. Creating a parenting plan can cause some delays in getting an uncontested divorce.
Child Support and Uncontested Divorces
Child support is another issue that must be resolved in an uncontested divorce case. Since child support is largely based on the amount of time each parent spends with the child, the parenting plan must be drafted first. Child support can be a very contentious issue, particularly when parents must agree on which party will pay it and the amount to be paid. This can lengthen the time it takes to finalize an uncontested divorce case.
Alimony in Uncontested Divorces
Several factors determine whether one spouse should pay alimony and, if so, the amount and duration of spousal support payments. People who are obligated to pay alimony often challenge this belief and may also dispute the duration of alimony and the amount to be paid. Recipients may also challenge the amount if they believe it should be higher or the duration if they feel they will need spousal support longer than what is proposed. Negotiations surrounding alimony can take time and significantly impact the length of time an uncontested divorce takes.
Division of Property in Uncontested Divorces
In any divorce case, marital property must be divided, whether contested or uncontested. Marital property includes any assets or debts that were acquired during the marriage. The division of marital property sounds fairly straightforward, but truthfully, it can become one of the most complex and contentious aspects of any divorce. This is particularly true when stock options, pensions, retirement accounts, and other investment plans must be divided. If one spouse is hiding assets, the issue becomes even more complicated, as they must be discovered.
Divorce lawyers know how to discover hidden assets, but doing so can greatly lengthen the amount of time an uncontested divorce takes. It is easier to obtain an uncontested divorce when you have all of the account balances, account numbers, and other financial information. An Arizona divorce lawyer can collect the necessary information and determine if any assets are being hidden. A lawyer can also ensure the divorce papers are fully completed and submit them to the court to ensure the process moves along as swiftly as possible.
Call Our Divorce Lawyer in Arizona for Help with Your Uncontested Divorce
Suppose you are considering divorce and want to ensure your case is finalized as quickly as possible. In that case, ourArizona divorce lawyer at Singular Law can inform you of your legal options and help you through the process. Our skilled attorneys will answer all your questions so you can make the most informed decisions and negotiate with your spouse to reach an agreement. Do not hesitate to call us at (480) 508-0886 or reach out to us online to schedule a consultation and learn more about how we can help.