An uncontested divorce is an Arizona dissolution case in which the spouses reach agreement on every required issue before or shortly after filing. Because everything is agreed there is no need for a contested hearing and the court can enter a consent decree once the 60-day waiting period has passed and the required paperwork is complete.
Uncontested does not mean unrepresented. Even when both spouses agree on everything having an attorney review the agreement and prepare the dissolution documents is important. An uncontested divorce that produces a vague, incomplete, or unenforceable decree is not a successful resolution. An uncontested divorce with a well-drafted consent decree and parenting plan that actually governs the family going forward is.
Arizona's Summary Consent Decree process under A.R.S. § 25-314.01 is available for eligible couples who have reached a complete agreement. It provides a streamlined path to a final decree for couples who are organized, cooperative, and genuinely resolved on all issues.
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