UNCONTESTED DIVORCE

An Uncontested Divorce is a quicker, cheaper and easier option offered by the firm for a flat fee of $1500 (without children) and $1800 (with children.)  This means that you will not be billed hourly, you pay a one-time legal fee.  In addition, there is a filing fee that you will have to pay to the Court.  In order to move forward with an Uncontested Divorce, both you & your spouse must agree on all issues.  It typically takes about 3 months to complete and should not require a court appearance.  The uncontested divorce is completed in 4 steps:

                                                            

                               STEP  1
Within 1 – 2 business days of retaining the firm for an uncontested divorce, a Property Settlement Agreement and Parenting Time Agreement are drafted and sent to you for your review.  The Property Settlement Agreement distributes all assets (such as the marital home, marital business, cars, bank accounts & retirement accounts,) debts (such as credit card debts, car loans & mortgages,) separate property (such as property owned prior to the marriage, personal gifts and inheritance,) spousal maintenance (alimony,) and other relief and considerations.   The Parenting Time Agreement lays out your plan for child custody/legal decision making, a parenting time schedule, child support, and a holiday and vacation schedule.  We will run the Arizona Child Support Guidelines and provide you with a copy. We will also calculate spousal maintenance using the Arizona Spousal Maintenance Calculator.  Once you approve of the Agreements, your spouse will have the opportunity to review it.  If you are both in agreement, you may both sign the Agreements in front of a notary.


                                                        STEP  2
Once we receive the signed Property Settlement Agreement, we will draft your divorce pleadings, which include the Petition for Dissolution, Summons, Preliminary Injunction, Notice Regarding Creditors, Order to Attend Parenting Information Program, Sensitive Data Cover Sheet and a Notice Regarding Health Insurance.  We will e-mail you all of the dissolution pleadings, you will review them for accuracy, print one page that requires your signature in front of a notary (can use an online notary for convenience) and scan them back to our office.  At this time you will need to pay your court filing fee and e-filing fees ($400 total.)   We will file your case, get a case number issued and a judge assigned to your case.  A filed, completed packet, along with receipts of payment, will be scanned and e-mailed to you.
 

                                                         STEP  3
Your spouse will receive the divorce papers and sign an Acceptance of Service.  This will be signed in front of a notary and emailed back to us so we may e-file it.  Your spouse will need to pay their $274 answer/response filing fee directly to the Court.  We will provide all of the instructions and phone number to the Clerk of Court that can take a credit card payment over the phone.  You will now have to wait a Court-mandated 60-day waiting period.  During this time, both you & your spouse will attend a Parent Information Program (only if you share minor children.) 

                                                          STEP  4
After 60 days, we will draft a Consent Decree, which is signed by the parties.  The Property Settlement Agreement will be attached as Exhibit A, the Parenting Time Agreement will be attached as Exhibit B,  the Arizona Child Support Guidelines will be attached as Exhibit C, and the Spousal Maintenance Calculator will be attached as Exhibit D.  We will also draft an Education Order that is now required when there are minor children common to the parties.    The completed packet is lodged with the Court.  The Court will review and finalize your divorce and we will receive a completed Decree electronically.