Uncontested vs. Contested Divorce: What’s the Difference?

Navigating the divorce process in Arizona requires a clear understanding of your options. The path you choose—uncontested or contested divorce—can significantly impact the duration, cost, and emotional toll of the proceedings. This guide outlines the key differences between these two types of divorce to help you make an informed decision.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses reach a mutual agreement on all major aspects of their divorce, including:

• Division of Property and Debts: How assets and liabilities are distributed.
• Spousal Support (Alimony): Whether one spouse will provide financial support to the other, and the terms of such support.
• Child Custody and Support: Arrangements regarding the care and financial support of any minor children.

In Arizona, uncontested divorces are typically more straightforward and efficient. The process involves drafting a Consent Decree of Dissolution of Marriage, which both parties sign and submit to the court for approval. After the mandatory 60-day waiting period from the date of service of the divorce petition, the court can finalize the divorce. This waiting period allows both parties time to reconsider their decision.

What Is a Contested Divorce?

A contested divorce arises when spouses cannot agree on one or more critical issues, necessitating court intervention. Common points of contention include:

• Asset and Debt Division: Disputes over who gets what.
• Child Custody (labeled “parenting time” in Arizona) and Visitation: Disagreements regarding parenting responsibilities and schedules
• Child Support: Conflict over the amount of respective incomes or the amount of child support payments..
• Spousal Support: Conflicts over the necessity, amount, or duration of alimony payments.

The contested divorce process in Arizona typically follows these steps:

• 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 days to respond (30 days if served out-of-state) and may file a counter-petition if they disagree with the proposed terms.
• Discovery Phase: Both parties exchange information and documents relevant to the divorce.
• Mediation and Negotiation: Efforts are made to resolve disputes outside of court.
• Trial: If agreements cannot be reached, the case proceeds to trial, where a judge makes the final decisions.

Contested divorces are generally more time-consuming and costly due to the complexities involved.

*Even though the Response time is 20 days, the Court cannot order a Dissolution prior to the 60 day cool off period required by Arizona law. So while not recommended, it is possible to respond after the 20 days in order to avoid a default proceeding.

Cost Comparison

The financial implications of divorce vary significantly between uncontested and contested cases in Arizona:

• Uncontested Divorce: Costs are considerably lower, primarily involving filing fees and minimal legal expenses.
• Contested Divorce: Expenses can escalate quickly, encompassing attorney fees, court costs, and fees for expert witnesses. In contested divorces, there is no limit to the cost, but research shows that the average cost can range from $15,000 to $20,000 per spouse, depending on the case’s complexity.

Time and Emotional Impact

The duration and emotional strain of the divorce process also differ:

• Uncontested Divorce: Typically finalized shortly after the 60-day waiting period, often concluding within 90 to 120 days.
• Contested Divorce: Can extend from several months to over a year, depending on the disputes’ complexity and court schedules. This prolonged process can intensify emotional stress for both parties and any involved children. Moreover, if the parties cannot decide how to proceed together, a Judge will dictate what they may and may not do regarding their minor child(ren).

Choosing the Right Path

Deciding between an uncontested and contested divorce depends on various factors:

• Level of Agreement: If both parties can amicably resolve all issues, an uncontested divorce is preferable.
• Complexity of Assets: High-value or intricate assets may necessitate a contested approach to ensure fair division.
• Children Involved: Disagreements over custody or support often lead to contested proceedings.
• Emotional Dynamics: High-conflict relationships may find it challenging to reach mutual agreements, making a contested divorce more likely.