No divorce case is the same as the next, as each one has unique needs, circumstances, and complications. Just as every person has facets and nuances, so does each conflict between two individuals. In divorce cases, the two primary categories of divorce are uncontested divorces and contested divorces. These each have their own associated processes, benefits, and drawbacks. Understanding the intricacies of these categories can help clarify the divorce process and avoid the pitfalls of each process.
For more information on divorce proceedings, consider speaking with an experienced Arizona family lawyer from Sullivan Shick. Schedule a consultation by calling the office at (480) 719-2558.
What is an Uncontested Divorce?
An uncontested divorce is generally preferable to a contested one, and it occurs when both parties agree on the terms of the marriage settlement. This includes matters such as alimony, child support and custody, division of property, and other important matters. By negotiating and coming to an agreement before court, couples can ensure a faster and cheaper divorce process.
The key difference between uncontested divorces and the other alternative is the negotiation of a divorce settlement. By collaborating, often with a family law attorney, spouses can come to an agreement on the matters that are important to them without needing to debate or defend them in court. This is why this method of resolving divorce is called “uncontested.”
How Does an Uncontested Divorce Work?
Uncontested divorces are generally more simple and straightforward than contested divorces. The process begins with one spouse serving the other with a petition for divorce according to Arizona Law, and gives that spouse the opportunity to respond. This document should also outline the desires and interests of this spouse for the dissolution of the marriage, including financial, parental, and other concerns.
By responding, the other spouse now enters negotiations, either accepting the terms presented or countering with their own proposition. Responding within the allotted time is important, as failure to respond may result in a default divorce, which may grant the petitioner’s wishes by default. Once the spouses begin to negotiate terms, they have the option to use mediation services or negotiate with each other directly.
Once negotiations are concluded, the agreement is submitted to the courts for approval. This may require a brief appearance in court, but it may not. Once this is approved, the divorce is considered final and the process is over.
Benefits and Drawbacks of an Uncontested Divorce
There are several distinct advantages and drawbacks to an uncontested divorce. Generally utilized in situations where both spouses are entering the divorce collaboratively, which makes for a simpler process with mutual agreement on the proceedings.
Advantages
The most distinct advantage of an uncontested divorce is the cost efficiency and simplicity of the process. This method of divorce may not require intense effort and research to present and defend a case, as both spouses will generally agree on what should become of the divorce. This allows for a more seamless and less stressful experience.
Disadvantages
The disadvantages of an uncontested divorce are that it may be difficult to resolve disputes alone, and there may be a risk of foul play without legal intervention. Without an in-depth understanding of the law, there is a chance that one party may be taken advantage of in the divorce settlement if they are not properly represented.
For more information on representation in divorce, consider speaking with an experienced family law attorney from Sullivan Shick.
What is a Contested Divorce?
A contested divorce occurs when spouses cannot come to an agreement on a marriage settlement outside of court or if they have irreconcilable differences. This is more likely in cases of high net worth divorces, marital misconduct, or disagreements over parenting time and custody. This is especially relevant when concerning community property.
How Does a Contested Divorce Work?
Contested divorces generally begin with the same process as an uncontested divorce, but instead of mediating and coming to a settlement outside of court, the couple cannot come to an agreement. While most couples will agree on some things, if even one facet of the divorce is contested and the spouses are unable to find a common ground, they may need to proceed to trial
If mediation fails, then parties must prepare for pre-trial motions and hearings. These may be held to resolve any preliminary issues and to clearly present all aspects of the case to prepare for trial. After these details have been settled, the case will proceed to trial where both parties will present their case and the judge or jury will decide the outcome of the case.
Benefits and Drawbacks of a Contested Divorce
While most would prefer an uncontested divorce due to its simplicity, there are still some advantages to a contested divorce. Generally, most couples will attempt an uncontested divorce before contesting. However, this action may be necessary to protect the interests of minor children involved,ensuing financial needs are met, or addressing marital misconduct.
Advantages
The advantage of contesting a divorce is that it allows you to ensure a fair and unbiased decision from a judge or jury. This can help ensure an equitable distribution of marital assets and it also allows for either party to build a case in defense of their personal needs and opinions of the divorce.
Disadvantages
The greatest disadvantage of a contested divorce is the extended time frame. Uncontested divorces can generally proceed as quickly as the spouses are able to come to an agreement and submit it to the courts. Once the courts have approved the decree, the process is over. In a contested divorce, one must also account for trial dates, finding legal representation, and many other complexities. In addition, the legal fees may cause a contested divorce to be more expensive.
What to Do When a Divorce is Contested
The key to navigating a divorce when a spouse contests the petition is to be prepared. Having documents available and organized will help contest the debated issue and show a compelling case for the courts. Being prepared to file a formal response and to enter mediation will also help to equip an individual for whatever situation may arise. In addition, considering legal counsel may be beneficial.
Contact an Arizona Family Lawyer Today To Learn What Type of Divorce Is Right For Your Circumstances
Being aware of the differences between contested and uncontested divorces can help clarify the path to take and prepare the individual for whatever situation may arise. Uncontested divorces may be quicker and less financially burdensome, but it may not be possible to come to an agreement on certain issues of note. Contested divorces may be the only option, especially when people or items of value are involved. For more in-depth information on divorces and settlements, consider speaking with an experienced Arizona divorce attorney from Sullivan Shick. Schedule a consultation today by calling (480) 719-2558.
Contact an Arizona Divorce Attorney Today
Divorce takes time, and it also comes with many emotional burdens. Being in the dark about how long the process might take or what it may require can add more frustration on top of an already difficult time. Many people will find themselves wondering: how long does a divorce take? For a more specific estimate and guidance during a divorce process, consider consulting with an experienced divorce lawyer from Sullivan Shick by contacting (480) 719-2558.