The manner in which you get divorced is every bit a part of your legal strategy as negotiation and the terms that you are seeking. A Tempe divorce attorney at Blake & Pulsifer, PLC can help you decide on a strategy that covers all aspects of your divorce.

The type and amount of legal process needed to end your marriage depend on both whether you can reach an agreement with your spouse and the complexity of your situation. There is a possibility that you may be able to get divorced with minimal involvement from the court system. Before you reach this point, you will need to do a considerable amount of work to resolve the key issues that are involved in your divorce.

Since your present and future are on the line, it is crucial that you not try to handle your divorce on your own. Speak to a Tempe family lawyer at Blake & Pulsifer, PLC by calling us at (480) 838-3000 to learn more about the divorce process and what may unfold in your case. 

What is a Standard Divorce?

A standard divorce is one that proceeds through the court system. It can be either contested or uncontested. A contested divorce is when the spouses disagree on one or more of the key issues involved, such as the division of assets under Arizona’s community property laws or parenting time with the children. An uncontested divorce is when the spouses are in agreement on all major issues, and there is no need for a court hearing. A divorce can begin as a contested case and then become uncontested when the spouses eventually reach an agreement before a hearing can be held by the judge to decide the matters that are in dispute.

What Is a Summary Consent Decree?

A summary consent decree is a special, streamlined process when there are no issues that are in dispute between the divorcing couple. After agreeing to proceed with this option, the two spouses jointly submit the request for the consent order, along with all of the necessary supporting documentation. The judge reviews the proposed consent order to determine whether the agreement is fair and is in the best interests of the minor children. If the judge approves the agreement, they will issue the divorce decree. The agreement then becomes part of a court order.

Which Option Should I Choose for My Divorce Case?

The option you choose for your case depends on the facts and circumstances of your situation. If your divorce is relatively straightforward, and there is an early agreement between you and your spouse, you may be better off selecting the summary consent decree option. Here, you could get relatively quick approval from a judge after they have reviewed your order, and the divorce could be granted without a hearing.

If your case is more complex, or there is no agreement between the spouses, you would need to proceed with a standard divorce. 

Remember that it is not a given that a judge would grant a divorce through a summary consent decree. If there are complicated matters involved in your divorce, even if there is an agreement, you may need a more involved court process to obtain the final divorce.

You would certainly need to go through a standard divorce if you and your spouse disagree on one or more major issues involved, such as parenting time, child support, or division of marital assets under Arizona’s community property laws. One spouse initiates the litigation by filing a complaint with the court, and the case proceeds as any other litigated matter, with discovery and a hearing in front of the judge.

A contested divorce could become an uncontested one as soon as you and your spouse reach an agreement on all major issues. At that point, you could either continue to proceed through the standard divorce process. 

You should never make the mistake of thinking that any divorce is simple enough that you would forgo help from a Tempe divorce lawyer. First, it may take a considerable amount of work to reach an agreement that is acceptable to both spouses. Second, any type of divorce must proceed through the court system, and you need the guidance and legal representation that a Tempe family law attorney provides.

Contact a Family Law Firm in Tempe

Divorce is one of the most difficult decisions you will ever face. The Tempe family law attorneys at Blake & Pulsifer PLC are ready to protect your rights and guide you through every step. Contact us online or call us today at (480) 838-3000 to schedule an appointment with one of our lawyers.