When considering divorce in Arizona, you may hear the terms "contested" and "uncontested." The difference depends on whether both spouses agree on the important issues involved in ending the marriage.
Understanding which type of divorce may apply to your situation can help you prepare for the process and know when legal guidance may be needed.
What Is an Uncontested Divorce?
An uncontested divorce generally means both spouses agree on the terms of the divorce. These terms may include:
- Division of property and debt
- Parenting time
- Legal decision-making
- Child support
- Spousal maintenance
- Other financial responsibilities
When both parties agree and complete the required paperwork correctly, the process may involve less conflict and fewer court hearings. However, the agreement must still be complete, clear, and accepted by the court.
What Is a Contested Divorce?
A divorce becomes contested when the spouses cannot agree on one or more major issues. For example, they may disagree about who should remain in the family home, how debts should be divided, or what parenting schedule should be used.
A contested divorce may require negotiation, mediation, court filings, evidence, and hearings. The length of the process depends on the number and complexity of the disputed issues.
Arizona refers to divorce as a dissolution of marriage. Maricopa County states that there is a minimum 60-day waiting period after proceedings begin, although cases may take longer depending on children, property, debt, and other complications.
Can a Contested Divorce Become Uncontested?
Yes. Many cases begin with disagreements but are resolved through negotiation or mediation before trial. Reaching an agreement can reduce uncertainty and allow both spouses to have more input into the final terms.
Even when an agreement seems possible, each spouse should understand the long-term effect of decisions involving property, parenting, and financial obligations.
Do You Need an Arizona Divorce Attorney?
Divorce paperwork and court procedures can become difficult to manage, especially when the case involves children, substantial property, business interests, or conflict between spouses.
An Arizona divorce attorney can explain your options, help prepare documents, and protect your interests during negotiations or court proceedings.
The Sander Law Firm assists clients throughout Phoenix, Scottsdale, Mesa, Chandler, Glendale, and nearby Arizona communities with contested and uncontested divorce matters.
Considering divorce in Arizona? Contact The Sander Law Firm for clear guidance about your next steps.