When spouses can’t agree on key aspects of their separation, they face a contested divorce in Arizona. This situation represents a major life change that requires careful navigation of legal and personal challenges. If you’re dealing with this difficult process, you’re not alone. Let’s examine what a contested divorce means in Arizona and how you can manage these complex circumstances.
What happens in a contested divorce in Arizona?
A contested divorce in Arizona occurs when spouses disagree on one or more important aspects of their divorce, such as property division, child custody, or financial support. These divorces often need court intervention to settle disputes and are typically more complex, time-consuming, and expensive than uncontested divorces. Many people seek professional legal guidance from a divorce lawyer to help resolve complicated disagreements in these situations.
Grounds for Divorce in Arizona
Arizona follows a “no-fault” approach to divorce, meaning you don’t need to prove your spouse did something wrong to end your marriage. The most common reason for divorce is that the marriage is “irretrievably broken” – in other words, there’s no chance of reconciliation. This approach allows you to focus on practical matters rather than assigning blame.
Key Issues in Contested Divorces
Property Division
Dividing property can be especially complex when assets are still actively changing in value or status. Arizona follows community property laws, which generally consider assets and debts acquired during the marriage as jointly owned. However, don’t assume it’s always an equal 50/50 split. The court considers various factors, including the length of the marriage and each spouse’s financial situation.
- Income earned by either spouse during the marriage
- Real estate purchased together
- Vehicles, furniture, and other shared assets
- Retirement accounts and pensions accrued during the marriage
Separate property, which stays with its original owner, typically includes:
- Assets owned before marriage
- Inheritances or gifts received by one spouse
- Property acquired after separation
Remember, debt division is just as important as asset division. You might be responsible for debts incurred during your marriage, even if you didn’t accumulate them yourself.
Child Custody and Parenting Time
If you have children, this might be the most emotionally charged part of your divorce. In Arizona, the court uses the term “legal decision-making” instead of custody. This refers to who gets to make important decisions about your child’s upbringing, like education and healthcare choices.
The court also establishes a parenting time schedule, outlining when each parent has physical custody. The primary consideration guiding these decisions is always the best interests of the child. The court considers factors like:
- Your child’s relationship with each parent
- How well your child is adjusting to home, school, and community
- Everyone’s mental and physical health
- Your child’s wishes (if they’re old enough to have a say)
- Any history of domestic violence or substance abuse
Child Support
Arizona has guidelines to ensure children receive adequate financial support from both parents. The amount is calculated based on factors like each parent’s income, parenting time, number of children, and expenses such as health insurance and childcare. While these guidelines provide a starting point, the court can adjust the amount if it seems unfair or inappropriate for your specific situation.
Spousal Maintenance (Alimony)
Spousal maintenance isn’t guaranteed in every divorce. The court considers several factors to determine if it’s appropriate, such as:
- The length of the marriage
- The lifestyle you established during your marriage
- Each spouse’s age, employment history, and earning capacity
- Whether the paying spouse can meet their own needs while providing support
If awarded, the duration and amount can vary widely depending on your unique circumstances. The goal is to help the receiving spouse transition to financial independence after the divorce.
The Contested Divorce Process in Arizona
The contested divorce process involves several important steps and procedures. Here’s an overview of the journey:
- Filing the Petition: One spouse (the petitioner) files a Petition for Dissolution of Marriage, outlining their desired outcomes.
- Serving the Divorce Papers: The petitioner must serve these papers to their spouse (the respondent).
- Response and Counter-Petition: The respondent has 20-30 days to respond and may file a counter-petition if they disagree with the proposed terms.
- Temporary Orders: Either spouse can request temporary orders to address immediate concerns while the divorce is pending.
- Discovery Phase: Both parties exchange relevant information and documents. This can include written questions (interrogatories), requests for documents, and sworn testimony (depositions).
- Mediation and Settlement Negotiations: Judges may require couples to attend one or more mediation sessions before proceeding to trial.
- Pre-Trial Conferences: If mediation fails, the court schedules conferences to discuss the case status and set a trial date.
- Trial: If all settlement attempts fail, your case goes to trial. Both parties present evidence and arguments before a judge, who then makes final decisions on all contested issues.
Legal Representation in Contested Divorces
Given the complexity of contested divorces, having a skilled attorney in your corner is valuable. They can protect your rights, guide you through Arizona’s divorce laws, negotiate on your behalf, and prepare a strong case if you end up in court. When choosing a lawyer, look for someone with extensive experience in Arizona family law and a communication style that makes you feel comfortable. Consider consulting a divorce attorney to ensure you have the best representation.
Alternative Dispute Resolution Options
Even in contested divorces, there are alternatives to traditional courtroom battles:
- Collaborative divorce: Both parties and their attorneys agree to work together to reach a settlement without going to court.
- Arbitration: A neutral third party hears both sides and makes binding decisions on contested issues.
These options can give you more control over the outcome and often result in more amicable resolutions. They’re usually less adversarial, which can be beneficial for maintaining civil relationships, especially when children are involved.
Financial Considerations in Contested Divorces
Contested divorces can be much more expensive than uncontested ones. Costs may include court fees, attorney fees, and expert witness fees. It’s important to weigh these costs against the potential benefits of contesting certain issues. Sometimes, the financial and emotional toll of a prolonged legal battle may outweigh the potential gains.
Timeline for Contested Divorces in Arizona
While an uncontested divorce might conclude in a few months, a highly contested divorce can last for a year or more. The duration depends on the complexity of your issues and how willing both parties are to negotiate.
Related Read: The Arizona Divorce Process
Post-Divorce Modifications and Enforcement
Life doesn’t stand still after divorce. Circumstances may change, necessitating modifications to the original orders. Common reasons include major changes in income, relocation of one parent, or changes in the child’s needs. If your ex-spouse isn’t complying with court orders, you may need to seek enforcement through the court system.
Emotional Impact and Coping Strategies
Contested divorces can take a heavy emotional toll. It’s important to prioritize self-care during this challenging time. Consider:
- Individual therapy or counseling
- Support groups for divorcing individuals
- Stress-reduction techniques like meditation or exercise
- Focusing on positive relationships with friends and family
Remember that while the divorce process is challenging, it is temporary, and you can move forward with the right support.
By understanding the process, seeking appropriate legal representation, and considering alternative dispute resolution methods, you can navigate a contested divorce in Arizona with greater confidence. While the road may be challenging, with the right approach, it’s possible to achieve a fair resolution and build a positive future beyond your divorce.
Going Through a Family Matter in Phoenix? We’re Here to Help.
Family issues are personal, and legal challenges can make them even harder. Whether you’re facing a divorce, a custody battle, or another family matter, you deserve a lawyer who listens and understands what’s at stake. At Salwin Law Group, we take the time to hear your story and help you find the best path forward.
Why Work With Us?
- We Put You First: Every family is different. We take the time to understand what matters most to you.
- Support You Can Count On: Legal issues involving family can be overwhelming, but you don’t have to handle them alone. We’re here to guide you every step of the way.
- Straight Answers, No Surprises: We keep you informed so you always know what’s happening with your case.
Let’s Talk About What Comes Next
Call (480) 702-1789 or fill out our contact form for a confidential consultation. We’re ready to help.
Stewart Salwin
Stewart Salwin is the founder and lead attorney at Salwin Law Group, a Scottsdale criminal defense law firm based in the greater Phoenix area. His practice is primarily dedicated DUI-defense work. He is a graduate of Georgetown University and Harvard Law School, where he was taught criminal law by world-renowned defense attorneys.
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