An Uncontested Divorce is a quicker, cheaper and easier option offered by the firm for a flat fee of $1000 (without children) and $1500 (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:
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 support (or a waiver of spousal support,) 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. 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.
Once we receive the signed Property Settlement Agreement, we will draft your divorce pleadings, which include the Petition for Dissolution, Summons, Preliminary Injunction, Affidavit Regarding the Minor Children, 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 two pages that require your signature in front of a notary and mail them or drop them off at our office along with the Court filing fee./messenger fee. We will create packets for the Court and file the papers along with the filing fee. We will get a case number and a Judge assigned to your case. A filed, completed packet will be scanned and e-mailed to you and your spouse will receive a set.
Your spouse will receive the papers and sign an Acceptance of Service. This will be signed in front of a notary and sent back to the Court along with your spouse's response filing fee. You will 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.)
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, and the Arizona Child Support Guidelines will be attached as Exhibit C. The completed packets are submitted to the Judge to be signed. When your Dissolution Decree is available in Electronic Court Records, we will download it and e-mail it to you for your records.