What Is an Uncontested Divorce? (And Do You Qualify?)
An uncontested divorce is one where both spouses agree on all major issues before the case is finalized. The court does not have to decide anything — it reviews your agreement and approves it.
That is the complete definition. Everything else flows from it.
What you have to agree on
For a divorce to be uncontested in Arizona, you need to reach agreement on every significant issue in your case. The specific issues depend on your situation.
Property and debts. How will marital assets be divided? Who keeps the house, and will there be a buyout? How are retirement accounts split? Who takes on which debts? Every account, every asset, every debt should be addressed specifically.
Spousal maintenance. Will either spouse pay the other support after the divorce? If so, how much and for how long? If neither party will receive support, you need to agree on that explicitly as well.
Children (if you have them). This is the most important and often the most complex part. You need to agree on:
- Legal decision-making (what Arizona calls custody): who makes major decisions about your children's education, healthcare, and religious upbringing
- Parenting time schedule: the regular weekly schedule, holidays, school breaks, and summer
- Child support: Arizona uses a formula based on both parents' incomes and parenting time, but you need to apply it and agree on the result
If you have minor children, all of these need to be resolved before your divorce can be considered uncontested.
What you do not have to agree on to qualify
You do not both have to want the divorce. One spouse can have filed over the other's objection. As long as you eventually reach agreement on all the settlement terms, the divorce is still uncontested. The only legal requirement is full agreement on the outcome, not on the decision to divorce.
You do not have to agree before you file. Many couples file the petition first and work out the terms during the 60-day waiting period. Filing starts the clock. You have time to negotiate while it runs.
The advantages of uncontested divorce
Speed. Contested divorces that go to a hearing or trial can take 12 to 24 months in Arizona. Uncontested divorces typically take 90 to 120 days.