Compassionately Guiding Clients Through Divorce And Estate Planning

Uncontested Divorce

There are many reasons why a person would want to divorce a spouse. It could be cheating, financial instability, or simply falling out of love with your partner. The separation can either go smoothly, with little fighting or disagreements or it can be chaotic. Obviously, it would be best to end a marriage by simply agreeing to part ways and compromising on issues such as child custody, and division of marital assets and debts.

If a divorce goes smoothly, then this would be considered an uncontested divorce and is the less stressful, simplest way to get a divorce. Whether it is a contested divorce or an uncontested divorce, you should consult with an experienced divorce lawyer who can walk you through your dissolution of marriage, fill out divorce papers, and get your case resolved in the best way possible. Our divorce attorneys at ELKINS & MUIR, P.L.L.C, are equipped to handle all manners of divorce cases in the Tucson area.

No-Fault Divorce

Arizona is considered a “no-fault” state – this means that unless parties entered into a covenant marriage, one spouse does not have to prove any fault on the part of the other spouse to get a divorce. In Arizona, the only thing one would have to claim is that the marriage is beyond repair. In order to qualify for a divorce, one spouse has to have resided in the state for at least 90 days.

If children are involved, then both spouses must agree on conditions of child custody and who will pay child support. If one spouse will need financial support after the divorce, both spouses must agree on who will provide spousal support and how much. The divorce process doesn’t have to be difficult, especially if you are filing an uncontested divorce; simply hire a skilled divorce attorney who has years of experience handling uncontested divorce cases. We can ensure that disagreements between spouses will be minimized. We can help you fill out the necessary divorce forms and get you on your separate ways.

Joint Custody

If there are children involved in the divorce process, then there will need to be a parenting plan prepared by both spouses on how child custody will work between them and who will pay child support. In most cases, primary legal custody is awarded to one parent who is the custodial parent, while the other, who usually gets visitation rights, is the noncustodial parent. That said, courts prefer to award parties joint custody, which allows both parents to have legal custody but not physical custody. This means that the child would continue to live with one parent but both parents would have a say in what occurs with their child. However, before any form of custody can be awarded, the judge would first have to determine what is in the best interests of the child. Before a judge will consider giving joint custody to divorced parents, they first have to consider:

  • Whether such an arrangement is feasible
  • If both spouses agree to a joint custody arrangement
  • Whether both parents can communicate and cooperate with each other
  • If there is a disagreement, if it is unrelated to the best interests of their child or if it is unreasonable

Joint custody is usually awarded to parents if there is low conflict, and if they both agree to it and have a written parenting plan that they both agree on. Above all else, judges will consider the best interests of the children before awarding joint custody. If you and your spouse are filing for an uncontested divorce and are wanting joint custody, we can advise you on the steps, how the Arizona laws work for joint custody, and represent you in your case.

We Are Here To Help

Divorces can be messy, troublesome, and frustrating especially if there is a disagreement between you and your spouse. However, if you and your spouse are able to come to terms on the divorce and agree to part ways, then an uncontested divorce is possible. Call us at 520-219-4040 to see how we can help.