Facing a divorce in Arizona can be overwhelming, especially when disagreements arise, leading to what is known as a contested divorce. Given the complexity of these cases, it’s in your best interest to connect with an experienced Tempe, AZ Divorce Lawyer to ensure your rights are safeguarded. Please continue reading to learn what a contested divorce entails.
How Do Contested and Uncontested Divorces Differ?
First and foremost, it’s crucial to understand that when spouses both agree to end the marriage and agree to all the terms that will apply to the termination of the marriage, they can pursue an uncontested divorce.
A contested divorce, on the other hand, occurs in Arizona when spouses cannot agree on one or more key issues. These issues include property division, spousal support, parenting time, and support. This calls for court intervention; a judge will be tasked with determining the outcome of the case.
Uncontested divorces are usually much cheaper because they require fewer legal fees and fewer court appearances. Contested divorces incur substantially higher expenses due to the need for discovery, experts, and prolonged litigation, which can potentially escalate into the tens of thousands of dollars. They usually require numerous court hearings, conferences, and potentially a formal trial.
Uncontested divorces allow spouses to determine the resolution. Conversely, in a contested divorce, judges who have no prior connection dictate the rulings that will shape their future.
What Happens During a Contested Divorce?
A contested divorce in Arizona follows a defined legal structure, with each step significantly influencing the final resolution. The process is initiated when one spouse files the Petition for Dissolution. The other spouse then must be served, and they are allotted a specific timeframe to file a response. This initial filing establishes the pirates’ positions on the key disputed issues.
The responding party must submit an official answer to the petition; if they fail to do so, the petitioner can pursue a default judgment. It should be noted that both parties are legally bound to be transparent and exchange vital financial and other pertinent information. This mandatory exchange establishes the necessary groundwork for all subsequent negotiations.
The majority of contested divorces in Arizona are resolved during negotiation and mediation. The parties can attempt to achieve mutual agreements on the matters in dispute. The court often mandates or strongly encourages undergoing mediation. Resolving issues successfully at this point can drastically reduce both the duration and the expense of the overall divorce process.
If the parties fail to reach a mutual agreement on the issues at hand, the case will proceed to court hearings and a trial. During the trial, evidence and witness testimonies are presented before a judge, who will then make determinations on all unresolved issues based on the law and the unique facts of the case. The process formally concludes when the court issues the final divorce decree.
At Weingart Family Law, we are prepared to guide you toward the best possible resolution. Contact our legal team today so we can advocate for your interests.
