Uncontested Divorce in Arizona

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Arizona is a no-fault divorce state. This means that the marriage is irreconcilably broken. Any person who wants divorce from his partner is granted divorce by the court on the basis of no-fault grounds. The term 'uncontested divorce' is interpreted in a slightly different way than it is generally used in case of other states. When a married couple decides to break the marital bond through an uncontested divorce in Arizona, they must take little pain to know the actual process so that they can have a rough idea of the procedures that they will go through.

We present some relevant information about the uncontested process in Arizona, in a clear and crisp manner. Read the following and take notes of the points that are important in your case.

What is an uncontested divorce in Arizona?

An uncontested divorce in Arizona means that both of the divorcing spouses agree on each and every term, however insignificant it may be. There should not be any issue left unresolved by the separating partners.

Residency Requirements

In this state, the separating partner who files for the case is called as the Petitioner while the spouse who responds to the petition is called as a Respondent. If anyone of the divorcing partners is a resident of this state for minimum 90 days, only then it is possible to file such a case in this state.

Grounds for divorce

Covenant marriages, that is, marriages that have a higher standard than usual marriages, are recognized in this state. Such covenant marriages can be dissolved on the following grounds:

  • Both the divorcing partners agree to the dissolution
  • Habitual use of alcohol and drugs
  • Residing separately for 1 year after legal separation is obtained
  • Commission of domestic violence against a relative, child or spouse
  • Abandonment for a period exceeding 1 year
  • Conviction of a felony carrying death penalty
  • Adultery

Steps in Uncontested Divorce in Arizona

  • The action is filed in the Superior Court
  • The Respondent is served the required papers
  • Filing Form 800, which is an Application for Default
  • To set a hearing
  • Waiting for 60 days
  • Remaining present for a hearing or observing the mail-in process

Forms related to the procedure

If minor children are not involved in the case then the Petitioner has to complete the following forms:

Petition forms

  • Petition 105, Page 5
  • Petition 104, Page 4
  • Petition 102, Page 3
  • Petition 101, Page 2
  • Petition 100 a-b, Page 1

Decree forms

  • Decree 204b
  • Decree 204a
  • Decree 202
  • Decree 201
  • Decree 200 a-b

Other forms

  • Notice of Obligations to Creditors, Form 1100
  • Notice of Right to Convert Health Insurance, Form 1000
  • Application for Default, Form 800 a-b
  • Acceptance of Service, Form 500
  • Summons, Form 400 a-b
  • Preliminary Injunction, Form 350 a-b
  • Affidavit regarding minor children, Form 301 a-b
  • Petitioner's Conciliation Court, Form 300
  • The Cover Sheet, Form 250
  • The Family Law Sensitive Information Sheet, Form 240

In case of uncontested divorces of all marriages in Arizona, all the three types of forms that are mentioned above are required. However, when children are involved, Form 103 is used as page 4 in the Petition. This form is related to custody arrangements. Amongst the Decree forms, Form 203 is used instead of Decree 204a. Additionally, the following forms are also essential:

  • Child Support Order (in Maricopa County), Form 206 a-d
  • Child Support Order (in all counties excluding Maricopa), Form 205 a-d
  • Child Support Information Forms, Form 115 a-c
  • Parents Worksheet for Child Support Amount, Form 110 a-b

Certain circumstances may evoke the need to fill in the following forms:

  • Application to waive or defer filing fees
  • Motion and Order to waive Respondent Compliance with domestic relations Children's issues classes
  • Request to restore wife's former name, Form 550
  • Joint Custody Parenting Plan, Form 225 a-b

It is advisable that you take the help of an experienced attorney who can do the paperwork on your behalf. If you have children or child issues, the help of a lawyer is all the more essential. The lawyer will turn the long settlement papers to a neat and clean contract. If you are unwilling to pay the huge lawyer fees, you may also avail the self-help forms which are designed for the convenience of the judges so that they can easily find all the required information. You must be very patient and conscious while filling out such forms as a single mistake will make you start all over again.

Remember all these necessary information regarding uncontested divorce in Arizona. Understand the needs of your partner and children, if any. Don't think of your gains only. In this way the divorce will serve the interests of you and your partner.

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