{"id":2637,"date":"2016-06-29T14:07:48","date_gmt":"2016-06-29T21:07:48","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/?page_id=2637"},"modified":"2024-05-03T11:29:20","modified_gmt":"2024-05-03T18:29:20","slug":"contested-vs-uncontested-divorce","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/blog\/contested-vs-uncontested-divorce\/","title":{"rendered":"Contested vs. Uncontested Divorce in Arizona"},"content":{"rendered":"
Divorce is an unfortunate reality that many couples have to face. Depending on your circumstances, the options available to you will vary. If you and your soon-to-be ex-spouse are parting on good terms and you know you both can work through the details of the divorce peacefully, then you will likely face an uncontested divorce. However, if you know that there will be details and decisions regarding the divorce and the related outcomes that your spouse will fight you on and an agreement will not be easy, then you will likely be facing a contested divorce. Each type of divorce has its own difficulties, but a contested divorce will be timelier and more expensive. Having an amicable divorce is preferable as it makes it easier for everyone, but coming to an agreement on all of the decisions that need to be made regarding to the divorce can be difficult, even for couple separating on good terms.<\/p>\n
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. If you cannot agree on even one of the terms, then the divorce will be considered a contested divorce. To be an uncontested divorce, a couple must agree to terms without going to court. Some couples hire a mediator in order to reach an agreement before going to court. Some main items that an agreement needs to be made on are:<\/p>\n
These decisions are obviously very important and thus have the potential to be very difficult to agree to the terms. Having an attorney that is your advocate in this situation will be helpful because they can help you determine the agreement you are willing to agree to and assist you in deciding which items you are willing to compromise on in order to get the things you are not willing to give up. This can be a delicate situation and having someone guiding you through the process can help to make it a smoother process and can help you avoid going to court and having to pay court fees and extend the time it takes for the divorce to be final.<\/p>\n
\u00a0<\/strong>A contested divorce is a more complicated and expensive process, however sometimes it is unavoidable. As the decisions involved are very personal, this can be an emotional situation. With emotions high, this can lead to rash decisions and cause more complications in an already difficult situation. In a contested divorce, an experienced divorce attorney is vital. Your attorney will be able to guide the situation and ensure that your opinions and demands are heard.<\/p>\n In a contested divorce, both sides will typically have their own counsel, and will try to reach an agreement outside of court. This process will include the exchange of all relevant information, including: income statement, bills, debts, bank account information, etc. Your attorneys will use the information to help you determine what a fair agreement will be and come up with a plan for your negotiations. After the exchange of information, you will be involved in mediation and hearings to try and reach an agreement and keep the court informed of your progress.<\/p>\n