Pursuing an uncontested divorce allows you to save time and money. It also removes a significant amount of stress from the divorce process. As a result, it is a good option for many couples—and uncontested divorces are much more common than many people realize. With that said, pursuing an uncontested divorce doesn’t always work; and, when deciding how to approach the divorce process, it is important to make practical decisions based on realistic expectations.
With this in mind, when should you consider an uncontested divorce? To decide whether an uncontested divorce might be right for you, there are several factors you (and your spouse) will want to consider. While it is important that you are both willing to make compromises, it is also important to understand that you do not need to be in complete agreement at this stage.
Pursuing an uncontested divorce doesn’t require you to be in complete agreement from the outset—in fact, this is unrealistic for most couples given the number of issues they need to address. Instead, if you and your spouse can confirm that you are generally on the same page regarding some of the bigger issues involved, this can be enough to signify that an uncontested divorce is a viable option.
Are You and Your Spouse Generally on the Same Page Regarding the Big Issues in Your Divorce?
So, is an uncontested divorce a viable option for you? If you and your spouse are generally in agreement regarding the following, you may be able to efficiently pursue an uncontested divorce:
1. Whether to Get Divorced
Perhaps this goes without saying. But, to pursue an uncontested divorce, you need to agree on getting divorced in the first place. If you want a divorce and your spouse does not, then the first step will be to focus on reaching an agreement that you and your spouse will work together to bring your marriage to an end. Your spouse cannot prevent you from filing for divorce (because Arizona is a “no-fault” divorce state), but your spouse doesn’t have to make the process easy, either.
With that said, in most cases, both spouses will be ready to end their marriage—and, if you are reading about pursuing an uncontested divorce, there is a good chance that you and your spouse are both ready to move on. But, if you aren’t, this is where you will need to begin.
2. How to Divide Your Major Assets
Assuming you are both ready to get divorced, then one of your next areas of focus should be how to divide your major assets. Do you own your home? Do you own one or more vehicles? Have you been saving for retirement (or at least saving for a rainy day)? If so, these are all assets that you and your spouse will need to address during the divorce process. You don’t need to know exactly how you want to divide these assets during the divorce process, but it will be helpful to make sure you don’t have any fundamental disagreements about who gets what.
3. How to Divide Your Major Debts
When talking about your major assets, you will also want to talk about your major debts. If you have a mortgage, car loans, credit card debt, student loan debt, or any other type of debt, you will need to address these during the divorce process—and, to pursue an uncontested divorce, you will need to agree on who will take responsibility for these debts once your marriage is over. From each spouse’s ability to pay to whether you want to pay off any debts during the divorce process, there are several factors to consider; and, ultimately, you will need to divide your shared debts in a way that makes financial sense for both of you.
4. Who (if Anyone) Will Receive Alimony
Alimony isn’t mandatory in an Arizona divorce; but, if you or your spouse is expecting to receive alimony after your divorce, it will be important to make sure you are generally on the same page here as well. Your Phoenix divorce attorney can help you consider all of your options—for now, you just want to make sure that you are both aware of each other’s expectations.
5. Who (if Anyone) Will Receive Child Support
The same goes for child support. If you and your spouse have minor children from your marriage, one of you will need to pay child support to the other after your divorce. In most cases, calculating child support involves applying Arizona’s Child Support Guidelines. While calculating alimony and calculating child support are very different processes, both take into account the spouses’ respective post-divorce finances—and both can be addressed in an uncontested divorce if the spouses are willing to work together.
6. How to Divide Parenting Time (if Applicable)
If you and your spouse have minor children from your marriage, you will also need to agree on how to divide parenting time in order to successfully pursue an uncontested divorce. While this is often among the more challenging aspects of the uncontested divorce process, spouses have a variety of options available when they are willing to work together.
7. What to Do When Issues Arise
Even if you and your spouse are willing to work together, you may still encounter unexpected issues at various points during the uncontested divorce process. If this happens, you will need to be able to find a path forward without letting your disagreement devolve into an irreconcilable dispute. Having a plan in place can help prevent this from happening; and, here too, an experienced Phoenix divorce attorney can help you consider the options you have available.
Request a Free Consultation with Phoenix Divorce Attorney Adam Weingart
Do you have questions about pursuing an uncontested divorce in Arizona? If so, we invite you to get in touch. To request a free consultation with Phoenix divorce attorney Adam Weingart, please call 480-608-9098 or inquire online today.