Executive Summary
- If both parties amicably agree on all divorce decisions, such as the division of assets and child custody, before going to court, the divorce will be uncontested.
- If there is even one impassable disagreement, the divorce will be contested and taken to court, where it is even more critical for both soon-to-be divorced spouses to have their own legal counsel.
- Uncontested divorces are cheaper and quicker to finalize because both parties can avoid additional court fees and appearances.
- Qualified attorneys and neutral third parties, such as professional mediators, can help couples reach agreements before taking matters to court.
How Contested and Uncontested Divorces in Arizona Work
Divorce is an unfortunate reality many people face, and it can look different for each separating couple. Knowing what type of divorce to expect can help you prepare, gauge overall costs and estimate completion timelines.
If you and your soon-to-be ex-spouse are parting on good terms and know you can work through the details peacefully, you will likely face an uncontested divorce. However, if you know there will be decisions and outcomes that your spouse will fight you on and an agreement will not be easy, you will likely face a contested divorce.
Each type of divorce has difficulties, but a contested divorce will cost more money and extend the timeline of the divorce process. Having an amicable divorce is less disruptive for both parties, but agreeing on all the necessary decisions regarding the divorce can be challenging, even for couples separating on good terms. Relying on a trustworthy divorce attorney can help you achieve the best possible outcome, regardless of the divorce type.
Uncontested Divorce
An uncontested divorce is much faster and simpler than a contested divorce. To file for an uncontested divorce, you must agree to all of the terms and conditions of the divorce before going to court. If you cannot agree on even one of the terms, the divorce will be considered a contested one.
Some main decisions that an agreement needs to include are:
- The division of property, assets, and debts
- Custody of the children
- Child support
- Spousal maintenance
- These decisions are very important and thus have the potential to be very difficult to agree to the terms. This is why many divorces start as contested. Still, over 90% of U.S. divorces end up being uncontested, meaning both parties reached an agreement before taking the matter to court. To facilitate this, some couples hire attorneys or an unbiased mediator to help guide discussions and encourage the divorcing spouses to reach an agreement before going to court.
How Can an Attorney Help with an Uncontested Divorce in Arizona?
Although neither form of divorce technically requires an attorney, hiring one can be incredibly helpful. Even in a no-contest divorce, Arizona attorneys can ensure everything is filed correctly, advocate for you and assist in mediation. They can provide helpful insight into the judicial side of the divorce, advise you on which assets you should claim and help you avoid going to trial, which would cost additional court fees and extend the time it takes for the divorce to be final.
Being proactive and consulting with a trusted attorney as soon as you know the divorce is happening is an excellent way to steer the divorce to being uncontested. Nevertheless, if the divorce ends up being contested, it is even more crucial to have an attorney advocating for you to help achieve the best possible outcome.
Contested Divorce
A contested divorce is complicated and expensive, but sometimes it is unavoidable. As the decisions involved are very personal, this can be an emotional situation. High emotions can lead to rash decisions and cause more complications in these already difficult conditions.
An experienced family law attorney is vital in a contested divorce. Your attorney can guide the situation and ensure your opinions and demands are heard.
What Do Attorneys Do During a Contested Divorce in Arizona?
In a contested divorce, both sides typically have their own counsel and will still try to reach an agreement outside of court. This process will include exchanging all relevant information, including:
- Income statements
- Bills
- Debts
- Bank account information
Your attorneys will use the above information to help you understand what a fair agreement will look like and devise a plan for your negotiations. After exchanging information, you will be involved in mediation and hearings to try and reach an agreement and keep the court informed of your progress.
Divorce Mediation
Unbiased mediation services can help divorcing spouses reach an agreement without settling it in court. In mediation, an objective third-party mediator will guide a discussion about the issues at hand, helping both parties compromise to reach an agreement.
Divorce mediation can help iron out various concerns. Some examples of topics that divorce mediation may touch on are:
- Division of marital property and assets
- Child custody, if applicable
- Child support, if applicable
- Spousal support, if applicable
Mediation is usually cheaper and more flexible than a court hearing. This incentivizes separating couples to solve their issues privately and find a deal they are both okay with before involving a judge. Nevertheless, if the couple cannot reach a final agreement during mediation, their divorce will go to court.
Unfortunately, taking a divorce to court will increase the time before your divorce is finalized and an agreement is made, and it will also increase the cost of your divorce. The family court system is notoriously slow, and your court dates will be scheduled based on court availability—this means it could be months before your case is even seen in court.
How Long Does a Divorce Take in Arizona?
In Arizona, the shortest time a divorce decree can be issued is 60 days after divorce papers have been delivered to the other spouse due to the mandated waiting period set by A.R.S. 25-329. Nevertheless, most divorces take longer. Whether or not your divorce is contested will significantly affect how long it takes to get a divorce in Arizona.
Uncontested Divorce Timeline
In most cases, uncontested divorces are usually resolved and finalized within 3 – 4 months. Still, the actual length depends on many factors involved with the family and marriage.
Contested Divorce Timeline
A contested divorce can take much longer than an uncontested divorce. If the spouses can’t agree on the terms of their divorce, they can go to court, which usually adds 6 – 9 months to the duration of the divorce. Sometimes, contested divorces can take several years to finalize.
As a general rule, the more time you spend contesting your divorce, the more it costs due to snowballing court and attorney fees.
How Much Does a Divorce Cost?
The average total cost of a divorce is between $15,000 and $20,000 in the United States. However, each case of marriage dissolution can vary significantly in price, depending on where you are located and the level of court intervention you need to finalize the divorce.
With legal help, an uncontested divorce can cost each spouse between $1,500 and $3,000 in Arizona. On the other hand, a contested divorce can cost each spouse between $8,000 and $30,000 if it goes to court. In extreme cases, some contested divorces can cost a total of $100,000 or more if there are complex disagreements about weighty topics like property distribution or child custody.
Considering the price disparity, it is easy to see why an uncontested divorce is always preferred. Well-trained attorneys can help shepherd your divorce away from being contested by advising you on what assets and deals you should compromise on or fight for.
Don’t Go at It Alone
Each divorce is different because each disbanding couple is unique. If you and your soon-to-be ex-spouse can iron out divorce details peacefully and amicably agree to every term, you can do an uncontested divorce, which is significantly cheaper and quicker than a contested one. Still, if there is even one component that you and your soon-to-be ex-spouse cannot agree on, your divorce may go to court and become contested.
Hiring a neutral mediator and respective attorneys can help divorcing couples draw up a fair agreement before presenting it to the judge, saving everyone time and money.
Whether your divorce is contested or not, an experienced divorce attorney will know how to argue for your cause and help you get the best possible outcome. The family law team at JacksonWhite Law has over decades of combined experience assisting clients through contested and uncontested divorces across Arizona. If you are facing a divorce, don’t think you must go through it alone—let our team help you!
Call the JacksonWhite Family Law Team at (480) 467-4348 to discuss your case today.