Divorce

In Arizona, we untie the marriage knot by filing for a marital dissolution (commonly known as a divorce). The process takes at least 60 days from when the other party is properly served with the legal paperwork. The 60 day wait is necessary even if you and your spouse agree on all the terms.

If the you and your spouse are not in agreement on how to divide up the assets, debts, or the payment of spousal maintenance, then it is “contested” and will take longer. If children are involved and the parties do not agree on all of the above and the child related issues like the parenting plan, legal decision making and child support, the process may take several more months.

Contested family law matters may take months to resolve due to the many hearings involved and the busy family court calendar. The court will often insist the two of you participate in some form of alternative dispute resolution (ADR) in an attempt to find a less adversarial solution in which you both have input on the end result. If the case cannot be resolved through mediation or some other form of ADR, it will be set for a trial. If it goes to trial, after hearing testimony and reviewing exhibits, the Judge will make all the decisions. The end result may be very different than what you hoped for and expected.

It is important to speak with an attorney to make sure you understand what the real legal issues are in your case and what outcomes are most likely for your unique situation. This is especially true if you have children, significant assets like high income, real property, 401(K)’s and retirement accounts, credit card and other debts or if one of you received an inheritance during the marriage.

What is the difference between an uncontested family law case and a contested family law case?

An uncontested family law case is one where both parties agree on all the issues related to their family law matter. For example, in a divorce case, the couple might agree on how to divide their property, the parenting time schedule for their children, and how to handle spousal and child support. In an uncontested case, the court's role is primarily to review and approve the agreement reached by the parties. This type of case tends to be faster and less expensive than a contested case.

On the other hand, a contested family law case is one where the parties cannot agree on one or more issues. For example, in a divorce case, the couple might disagree on how to divide their property, who should make the decisions for their children, or how much spousal support should be paid. In a contested case, the court's role is to listen to both parties' arguments, consider the evidence presented, and decide all the issues based upon Arizona law. If kids are involved, the Judge will make decisions based upon what is in the best interests of the children. Contested cases can be lengthy, expensive, and emotionally challenging for everyone involved.