Spouses can try to handle everything themselves or use an online service that eases the process. Even though there's no court battle in an uncontested divorce, one or both spouses can hire attorneys to help them through the uncontested divorce. You might want to talk to a lawyer, for instance, if your case feels complex or you have unanswered questions.
If you choose to work with one, an attorney can give you advice on your proposed settlement and make sure you complete the paperwork correctly. Keep in mind that there's another kind of professional—a mediator—who can help spouses reach agreements and prepare the paperwork that finalizes the divorce. Learn more about how divorce mediation works in Texas. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Child Custody Child Support. Alimony Divorce and Property. Market Your Law Firm. Lawyer Directory. Call us at 1 Uncontested Divorce in Texas. Learn how you can get a quick and easy uncontested divorce in Texas. Your attorney will not only help you answer these requests, but he or she will also create discovery to get information about your spouse as well.
You can resolve your divorce case at any time through a settlement with your spouse. If you can come to a mutual agreement, a settlement is a good option to speed up the divorce process and reduce the time and effort it takes to present the case to a judge.
Out of court divorce settlements are extremely common. In fact, most divorces will end in settlement. This is, in large part, because under Arizona law, couples must have at least one good-faith discussion about a settlement. Creating a settlement allows you to craft an agreement that works for everyone.
If the case is in front of a judge, he or she may not be able to use the flexibility that you have in the settlement process. If you cannot work out your case through settlement, then it will proceed to trial. As you and your lawyer prepare for your divorce trial , you will use all of the information gained in the discovery process to build your case. Trial preparation will involve creating a pretrial statement, which includes all the relevant facts in the case and citations to applicable Arizona law.
Your attorney will also get exhibits ready as well. You should also meet with your lawyer to discuss how the trial will proceed. Your attorney will discuss things like timelines, your role as a witness, and other people who will be there and what they will say.
Finally, one of the last steps in the divorce process is the final hearing. This can be one of the most stressful parts of the divorce because you must testify about various aspects of your marriage, children, finances, and more. Some of the most common things that happen at a final divorce hearing include:. Your lawyer will help you prepare well, which will reduce the anxiety that comes with this last step.
Keep in mind that this is your opportunity to tell your story to the judge and explain why you want what you want or need what you need. After the hearing, your attorney will sometimes need to file a post-trial brief or make other motions. These motions could address things like:. In general, the wait can be a few weeks, or it could be a few months. Then, if the judge did not rule in your favor, you can appeal the order in some situations. Your spouse also has the same option.
If no one appeals, then the divorce is final—you are done with the Arizona divorce process from a legal perspective. If you think you are ready to get the divorce process started, contact our Scottsdale-based team of experienced divorce attorneys. We can help you navigate the Arizona divorce process and sift through the Arizona divorce laws.
This might include issues such as spending too much time at work or out with friends, as well as more serious problems, such as domestic violence. Desertion — Where your spouse leaves you without good reason or agreement to end your relationship. They will need to have been gone for more than 2 years out of the past 2. Separation for 2 years or more — If you and your spouse have not lived as a couple for at least 2 years, you can use this as grounds for divorce if they agree to the divorce.
Separation for 5 years of more — If you and your spouse have not lived as a couple for at least 5 years, you can use this as grounds for divorce whether they agree to the divorce or not. If your goal is to get divorced as quickly as possible, using the grounds of adultery if applicable or unreasonable behaviour can allow you divorce to proceed faster as there is no need to wait, unlike with the grounds of desertion or separation. An important point to remember, however, is that if your spouse contests the divorce it will usually take longer.
Therefore it is a good idea, wherever possible, to consult with them before filing the divorce petition to ensure you use grounds they will be willing to accept.
For example, most people are less likely to defend a divorce on the grounds of spending excessive amounts of time at work and lack of emotional support than if you use the grounds of adultery, especially if they dispute the details of the adultery. Your solicitor should be able to advise you on how to choose grounds that your ex-partner will be likely to agree to and that a judge will accept as sufficient to grant you a divorce, helping to minimise the chances of any potential hold ups.
Your divorce will usually go much faster if you and your ex-partner can agree the details of your divorce voluntarily, rather than relying on a judge to decide for you. While any agreement reached in this way will be voluntary, you can apply for a Consent Order from a court to make the agreement legally binding.
This means you can achieve a resolution faster while still having the reassurance that your former partner cannot simply change their mind later and stop honouring the agreement. There are two main methods used for non-confrontational divorce — mediation and collaborative law. Both are usually much faster than taking your divorce through the courts, with each having different advantages depending on your circumstances.
This is generally the fastest and most cost-effective way to get divorced and it now the most popular option for separating couples in the UK. The process involves both spouses meeting with a trained, neutral mediator who will guide you through the issues you need to resolve, such as deciding how to separate your finances and what arrangements you will need to make for your children.
The mediator will not tell you what you should do, but instead will encourage you to find solutions that work for both of you.
They are there to facilitate the discussion and defuse any potential conflicts, helping to keep the process amicable and productive. You will therefore usually need to attend a Mediation Information and Assessment Meeting MIAM where the process and its benefits will be explained to you, so you can decide whether mediation is right for you. If you wish to have your divorce dealt with by a judge, you will normally need a signed form showing you attended a MIAM before proceeding.
The exception to this is if mediation would clearly not be appropriate or practical, for example, if there has been domestic abuse in the relationship or one spouse now lives abroad. Type keyword s to search.
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