In short, yes, you can get divorced without going to court in California if your case is uncontested. An uncontested case means that both parties agree on all significant issues, such as property division, custody, and child support.
To start the divorce process in Pima County, the petitioner has to file the Petition for Dissolution of Marriage together with other required initial divorce forms at the Clerk of the Superior Court in the county of residence of either spouse.
Uncontested. The most important factor in determining how long a divorce will take is whether it's contested or uncontested. An uncontested divorce, where both parties agree on all terms, can be resolved much more quickly than a contested divorce, where disputes need to be settled through negotiation or litigation.
You have an uncontested divorce (often the easiest divorce option in Arizona) if you and your spouse agree on all the legal issues. That is, you both want the divorce, have a parenting plan agreement, have a property settlement agreement, have a spousal support agreement, and so on.
In Arizona, it does not matter who files for divorce first. Arizona is a no-fault divorce state, meaning the court does not consider who initiated the divorce when making decisions about property division, custody, or support.
In Arizona, a divorce is called a Dissolution of Marriage and requires a 60-day waiting period from the date of proceedings. The complexity and duration of the divorce process depend on factors such as marriage duration, presence of children, and property or debt division.
If you and your spouse can communicate, negotiate, and come to an agreement on all the issues involved in ending your marriage, you can get an uncontested divorce with Arizona's "summary consent decree" process. Learn how to qualify, how the process works, and how long it takes.
The best option for a DIY divorce—and basically the only option if you want to use an online divorce service—is to file for an uncontested divorce in Arizona. Arizona has a streamlined procedure for uncontested divorce known as "summary consent decree" process.
Contact the Clerk of the Superior Court for the county in which the divorce was filed in. Divorce decrees filed before 1950 may be held by the Arizona State Archives, depending on the county. Contact the Clerk of the Superior Court for the county they were filed in.
Response Timeframe: In Arizona, the respondent has 20 days to respond if they are served within the state and 30 days if served outside the state. Failure to Respond: If the respondent does not respond within the given timeframe, the petitioner can apply for a default judgment.