When divorce begins, the underlying issues in a marriage don’t disappear; they often resurface, bringing pre-existing challenges with communication and compromise to the forefront. For many couples, finding common ground may already have been difficult before the choice to separate. Now, they must make important decisions about their future, including finances, assets, and, if applicable, their child’s well-being.
In Arizona, there are two primary types of divorce. When spouses are unable to agree on the terms of their divorce, the case is considered contested. In other scenarios, despite their differences, or sometimes with a sense of relief, they can reach mutual agreements and proceed with an uncontested divorce. The path you follow can significantly impact the level of stress, frustration, time, control and cost involved.
If you’re unsure which approach fits your situation, you’re in the right place. This blog will walk you through the key differences between the two. And if you still have questions, don’t hesitate to connect with the attorneys at Shaffer Family Law to get clear guidance and move forward with confidence.
Contested vs. Uncontested Divorce in Arizona: What’s Right for You?
- Agreement: In an uncontested divorce, both parties agree on all major issues, including property division, custody, and support. In a contested divorce, they disagree on one or more of these key matters.
- Court Involvement: Unlike a contested divorce, which can consist of multiple court hearings, discovery, and possibly a trial, an uncontested divorce typically involves minimal court involvement, with the required paperwork submitted to the court for review and approval.
- Timeline: In Arizona, a divorce generally cannot be finalized until at least 60 days have passed after the petition is served. That said, uncontested divorces often move more efficiently due to mutual agreement and cooperation, while contested divorces may take longer due to additional legal steps and court scheduling.
- Level of Control: An uncontested divorce allows spouses to remain in control of the outcome of their case, whereas a contested divorce puts a judge in charge of the final decisions that can have long-lasting effects on their lives and their family.
- Cost: The cost of a divorce varies depending on the complexity of the case. Uncontested divorces are often more cost-effective because they are more straightforward. Contested divorces, on the other hand, may involve additional legal work, motions, and court appearances, thereby increasing overall expenses.
- Emotional Toll: Every situation is unique, but uncontested divorces generally support a more amicable resolution as both sides work together to agree on the terms. In contested divorces, unresolved emotions such as anger, betrayal, or hurt feelings can make communication more difficult and intensify disagreements.
Get Trusted Divorce Guidance from Shaffer Family Law in Arizona
Despite the smoother process an uncontested divorce offers, it may not be appropriate for every circumstance. It is generally a good option when both parties are willing to cooperate and negotiate in good faith. However, even a single unresolved issue turns the matter into a contested divorce. For many couples, this becomes unavoidable when challenges related to finances, assets, children, emotions, or trust make it difficult to reach a mutual resolution.
Divorce is not one-size-fits-all. Even uncontested cases can become complex, and some contested matters may be settled through negotiation or mediation without going to trial. In either scenario, working with an attorney from Shaffer Family Law helps protect your rights, advocate for your best interests, and guide you toward a fair and well-informed outcome you can feel confident about.
If you have questions or are ready to file for divorce in Arizona, call (480) 470-3030 or request your appointment online.