Ending a marriage is a difficult decision that is usually accompanied by significant stress. In addition to trying to envision your future, there are legal terms and ramifications to understand, such as the difference between contested and uncontested divorce.
An experienced family law attorney is your best ally in this situation. They will translate the legal terminology, act as a sounding board when you’re faced with challenging decisions, and keep your case on track to a successful conclusion.
Why Reaching an Agreement on Divorce Terms is Critical
Determining whether to pursue a contested or uncontested divorce is one of the first decisions you’re faced with in family court. How you proceed will determine how long the process takes, how much it costs, and how much of your private life becomes public knowledge.
Arizona is a no-fault divorce state, which means that the court is not required to find either spouse “at fault” to grant a divorce. The grounds most frequently cited are that the marriage is “irretrievably broken.”
Contested vs. uncontested divorce has nothing to do with who is at fault for the end of the marriage. The distinction concerns whether spouses can agree to the terms of the divorce.
Uncontested divorce means the couple has reached an agreement on every issue necessary for the court to grant a divorce. This can take place with the assistance of a mediator, through attorneys, or without any outside intervention. Each method of reaching agreement on these matters has a cost in time and funds. The most common issues include:
- Child custody and parenting time
- Spousal maintenance and child support
- Debt allocation
- Property division
An uncontested divorce may be eligible for a Summary Consent Decree, a streamlined divorce process that allows a quick (and usually less expensive) resolution. To be eligible, the following criteria must be met:
- The applicants must be Arizona residents for a minimum of 90 days
- The spouses must agree that the marriage is irretrievably broken
- There must be agreement on all legal issues
If those criteria are met and the paperwork is filed jointly, a judge may approve the dissolution decree (divorce) without a hearing (no court appearance necessary). However, the divorce does not take effect immediately, as there is a mandatory 60 day waiting period between the time the paperwork is filed and the time the judge’s signed decree is entered or recorded. That means neither party may remarry during that period.
The realistic timeline for an uncontested, expedited divorce in Arizona is actually longer than 60 days, as the filing, scheduling, and court review processes take time. In practice, 120 days is closer to the norm for summary consent decrees, and contested divorces often take up to two years to resolve.
Contested divorce is when the spouses do not agree on one or more significant issues (child support, property division, etc.). The sticking point can be as simple as the appropriate days for parental visitation—but it’s enough to create a contested divorce. Unless a resolution is found through mediation, a judge decides the outcome in a trial, which can be time consuming, costly, and public.
Steps in a contested divorce are:
- The divorce petition is filed with the court and served on the nonfiling spouse
- The nonfiling spouse responds to the petition
- The discovery process begins, including sharing financial documents and other evidence
- The mandated mediation process takes place
- If mediation fails, a trial is scheduled, potentially requiring expensive expert witnesses, and a judge renders a decision
- The judge’s decision and the supporting materials (usually redacted to remove any birth dates, names of children, account information, or social security numbers) becomes part of the public record
Regardless of whether a divorce is expedited, uncontested, or contested, the court may find grounds to reopen and revisit a decree if there is verifiable evidence of fraud or mistake of fact in the process.
Guidance Toward a Workable Resolution
Understanding the basics of divorce in Arizona, starting with contested vs. uncontested processes, is the first step in many important decisions that will impact the rest of your life. Having the guidance of a professional attorney from Webster Family Law will help navigate the process and provide a clear path to your future. A consultation today can help you understand your options and protect your interests.