Arizona Uncontested Divorce Checklist

Before You Start

This checklist helps Arizona spouses evaluate whether their divorce is ready for an uncontested path, whether a Summary Consent Decree may be possible, and what details should be resolved before filing paperwork or submitting a Summary Consent Decree to the court.

Arizona Law Notes

The Arizona Summary Consent Decree process is a streamlined process for parties who have reached full agreements on separating property and assets, and when children are involved, legal decision-making, parenting time, and child support. This process allows the spouses to file all the required documents at one time and after the reviews them and the 60 mandatory "cooling off" period is over, you will receive you signed copy of the decree in the mail.

1. Confirm You Both Want the Same Divorce Path

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Both spouses want to resolve all the issues and avoid court.
Neither spouse is expecting the court to decide unresolved issues.
Both spouses are willing to sign required paperwork.
Both spouses agree to exchange all financial information to make informed decisions.
Neither spouse is being pressured, threatened, or rushed.

2. Confirm Arizona Filing Requirements

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At least one spouse meets Arizona's residency of 90 days.
You know which Arizona county is appropriate for filing.
If children are involved, Arizona has jurisdiction if they have lived here 6 months prior to filing and there are no other court orders regarding them.

3. Resolve Property Issues

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Decide any there are any post or pre-nuptial agreements.
List every real estate property and decide if it is community or sole and separate.
Decide whether the home will be sold, refinanced, transferred, or retained by one spouse.
Divide bank accounts.
Divide investment accounts.
Divide vehicles and confirm title/loan responsibility.
Divide household goods, jewelry, tools, firearms, collectibles, and valuables.
Divide pets.
Address business interests or self-employment assets.

4. Resolve Debt Issues

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Identify all credit cards.
Identify personal loans, auto loans, student loans, tax debts, and medical debts.
Decide who pays each debt.
Decide whether joint accounts will be closed or refinanced.
Clarify what happens if one spouse fails to pay a debt assigned to them.
Consider whether creditors are bound by your divorce agreement.

5. Resolve Parenting Issues

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Decide legal decision-making authority.
Create a weekly parenting time schedule.
Create holiday and school break schedules.
Address transportation and exchange locations.
Address school choice, medical care, counseling, religion, and extracurriculars.
Decide how parents will communicate and resolve future disagreements.
Complete required parent education.

6. Resolve Child Support Issues

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Gather income information for both parents.
Determine childcare costs.
Determine health insurance costs for the children.
Decide how uncovered medical expenses will be shared.
Use accurate parenting time information.
Review Arizona child support calculations before agreeing.
Address payment method and start date. (advise using the Clearinghouse)

7. Resolve Spousal Maintenance Issues

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Decide whether either spouse will pay spousal maintenance.
Agree on amount and duration.
Decide whether maintenance will be modifiable or nonmodifiable
Consider health insurance, self-sufficiency, earning capacity, and post-divorce budgets.
Get legal advice before waiving or agreeing to pay spousal maintenance.

8. Review Before Signing

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Every agreement and detail is in writing.
Deadlines are specific.
The agreement covers all known assets and debts.
Parenting Plan is clear and per the Arizona guidelines
Support terms are based on accurate information.
Both spouses understand the long-term consequences.
Submit all required documents or the court will reject your packet and return it to you.
An Arizona attorney has reviewed the agreement if there is any doubt.

FAQs

Common Questions

When is the Summary Consent Decree Process applicable in Arizona?

A divorce is generally uncontested when both spouses agree on all issues required to finalize the divorce, including property, debt, support, and child-related terms before filing. There is a specific list of required documents to be filed to go through this process.

Can we use the same attorney?

You can use one attorney as a neutral third party as your jointly hired mediator. But an attorney cannot ethically represent both spouses in a divorce. One attorney may draft or advise one spouse, while the other spouse may choose to seek independent review.

Do both spouses have to agree to get a divorce?

No, any spouse can agree to file for divorce. Arizona is a no fault divorce state.

Can we still use mediation if we are filing for an "uncontested" divorce?

Yes, you can use a mediator to help you and your spouse settle some of the more difficult issues and then after agreement, file the Summary Consent Decree packet.

If I want an uncontested divorce, should I just default?

No, you should never ignore the service of legal documents. Not filing a responsive pleading is not the same as an uncontested divorce.

Talk With Best Law Firm

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Even an uncontested divorce can have permanent consequences. Our Arizona family law team can review your agreement, identify gaps, and help you move forward with confidence.

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This checklist is for general educational purposes only and is not legal advice. Arizona family law can be fact-specific, and court procedures may vary by county. If you are preparing to file, respond, negotiate, mediate, or appear in court, speak with an Arizona family law attorney about your situation.