For many Arizona families, the idea of going to court is one of the biggest fears during divorce. Courtrooms feel intimidating, time-consuming, and expensive. The good news: if your case is simple and uncontested, you may never need to set foot in an Arizona courtroom.
With the right preparation and legal guidance, a divorce can be handled almost entirely through paperwork, negotiation, and attorney-managed filing. This is especially true when both spouses agree on most issues and want a smooth, cooperative process.
If you’re exploring whether you can finalize your divorce without court, here’s what you need to know, based on Arizona law and the full-service flat-rate process used at Modern Law.
How Arizona Allows Divorce Without a Court Appearance
Arizona law requires a minimum 60-day cooling-off period after the Petition for Dissolution is served. But if both spouses agree on terms and sign a Consent Decree, the judge can review and approve the divorce without requiring a hearing. This makes uncontested cases ideal for a court-free divorce.
Most of these cases follow this path:
- One spouse files the petition.
- The other spouse accepts service.
- Both complete any needed financial disclosures.
- Both agree to the terms in the Consent Decree.
- The decree is submitted to the court for approval.
- The judge signs it, no hearing required.
Modern Law finalizes many simple divorces this way, providing clients with a signed Decree of Dissolution without ever appearing in court.
What Makes a Court-Free Divorce Possible
The key is agreement and simplicity. A case is more likely to finalize without court when:
- You and your spouse agree to divide your property, you may need help valuing it
- There are no disputes about debts
- You can reach a parenting agreement (if you have children)
- Child support follows Arizona’s guidelines
- Both parties complete the required disclosures
- There is no domestic violence or safety issue
- There are no complex assets (businesses, investments, multiple properties)
Modern Law specifically designed its Simple Flat-Rate Divorce package for this type of case, straightforward, predictable, and cooperative.
How Modern Law Handles the Entire Process for You
Your flat-rate package is not a DIY service. You receive full attorney representation from filing to final decree. Here’s how the process avoids court:
1. Initial Consultation & Case Setup
Your attorney reviews your goals and determines whether the case qualifies as simple and uncontested.
2. Court Filings & Service
We prepare, file, and properly serve all documents, critical for uncontested cases to proceed smoothly.
3. Required Financial Disclosures
Arizona still requires every divorcing couple to exchange financial information (Rule 49 disclosures and the Affidavit of Financial Information). We help you complete everything correctly so the court has no reason to delay or question your case.
4. Settlement Documents
We draft your Consent Decree, covering:
- Property division
- Debt division
- Spousal maintenance
- Parenting plan (if applicable)
- Child support agreements
A clear agreement prevents the judge from scheduling a hearing for clarification.
5. Court Tracking & Hearing (If Necessary)
Most flat-rate clients finalize with no court appearance. But if a judge requires a brief hearing, your Modern Law attorney attends with you.
6. Final Steps
Once your decree is signed, we guide you through name changes, title transfers, and post-divorce paperwork. This is a true start-to-finish service, not just filing forms.
When a Hearing Might Still Be Required
While many cases avoid court, a judge may order a hearing if:
- The Consent Decree is unclear
- The parenting plan needs more detail
- Support calculations are incomplete
- One spouse doesn’t respond after being served
- Signatures or disclosures are missing
- There is a concern about coercion or fairness
Modern Law’s attorneys anticipate these issues and draft all documents with precision to minimize the risk of mandatory hearings.
Why Simple, Uncontested Divorces Are Faster and Less Expensive
Court time increases cost. Hearings require:
- Attorney preparation
- Scheduling time
- Appearance fees
- Extra filings
- Longer timelines
All of this adds cost in hourly billing firms. But with a flat-rate model, your cost is 100% predictable, and our goal is efficiency: finalize your case with no court appearance whenever possible. For many clients, divorces complete in as little as three months, aligning with Arizona’s 60-day waiting period and the flat-rate process outlined on your landing page.
Is a Court-Free Divorce Right for You?
A flat-rate, court-free divorce may be the right fit if:
- You and your spouse agree on most issues
- You want a faster, calmer process
- You prefer predictable costs
- You want full representation without hourly billing
- You have simple assets and straightforward parenting circumstances
If complexity arises, Modern Law also offers unbundled help, legal coaching, litigation support, and full-service representation, ensuring clients always have a next step available.
The Bottom Line: Yes, Many Arizona Divorces Finish Without Court
With the right preparation and legal support, you can finalize your divorce quickly, affordably, and without stepping into a courtroom. Modern Law’s flat-rate service was created for exactly this situation: simple, uncontested cases that deserve an efficient, supportive, and stress-free path forward.
Ready to find out if your case qualifies? Schedule your consultation today and take the first step toward a simpler divorce.
