If you’re considering a divorce in Arizona, it’s important to understand that not all divorces follow the same path. Two of the most common types are uncontested and contested divorces—and the difference between them can impact how long your case takes, how much it costs, how stressful it is, and how much control you have over the outcome. Below, we’ll explain each type clearly, help you identify which path may be most appropriate for your situation, and show why working with a skilled attorney can make all the difference.
What is an Uncontested Divorce?
An uncontested divorce means both spouses agree on all major issues related to the dissolution of the marriage. These issues include:
- Division of marital property and debts
- Child custody and parenting time (if you have children)
- Child support
- Spousal maintenance (alimony) if applicable
When all of these items are agreed upon, you can proceed to file papers with the court together, submit your settlement agreement, and move toward finalization. In Arizona, the process is typically more streamlined when the parties are cooperating.
Key benefits of an uncontested divorce include:
- Faster process: Since there are no major disputes, the case often moves more quickly. Arizona requires a minimum 60-day waiting period after the divorce petition is served before a final decree can be entered.
- Lower costs: Fewer court appearances, less litigation, and less need for expert witnesses or discovery all help keep costs down.
- Reduced emotional strain: When spouses are cooperating and avoiding major conflict, there is generally less adversarial tension, which can particularly benefit families with children.
- Greater control: Because the spouses decide the terms, rather than leaving everything to a judge, you may have more say in the outcome.
However, uncontested divorce isn’t appropriate for everyone—specifically, if you and your spouse can not agree on even one significant issue, the case technically becomes contested.
What is a Contested Divorce?
A contested divorce means one or both spouses do not agree on one or more of the key matters—division of assets, custody, support, or other terms—and therefore must have those issues resolved through negotiation, mediation, or litigation (court hearings and possibly a trial).
In Arizona, the process for a contested divorce typically includes:
- Filing the petition and serving the spouse
- The responding spouse files an answer (within 20 days if served in county)
- Discovery: parties exchange financial information, documents, appraisals or valuations
- Mediation or settlement discussions (courts often require or encourage this)
- If no agreement is reached, the case proceeds to trial where the judge issues rulings on disputed matters
- Final decree is entered by the court
Key characteristics of contested divorce:
- Longer timeline: Because of discovery, hearings, potential trial, and scheduling, contested cases may take many months or even over a year.
- Higher costs: More attorney time, court fees, expert witnesses (valuations, custody evaluators), and possibly trial costs drive up expenses.
- Greater emotional toll: The adversarial nature of contested proceedings often heightens conflict, which can be harder on you, your spouse, and any children involved.
- Less control: If you cannot reach agreement, a judge will decide contested issues—meaning you may end up with outcomes you don’t like or anticipate.
How to Decide Which Path is Right for You
When assessing whether an uncontested or contested divorce fits your circumstances, consider the following factors:
- Agreement level: Do you and your spouse already agree on all the major issues (property, debts, custody, support)? If yes, uncontested is likely. If not, contested may be the path.
- Complexity of assets: If you have major assets, businesses, real estate, complicated financial holdings, or disputes over values, contested may be more likely.
- Children and custody issues: If children are involved and you and your spouse disagree about custody, parenting time, or child support, the case may be contested.
- Spousal support and debt division: Are these matters significant and in dispute? That can push the case into contested territory.
- Willingness to negotiate/mediate: If you believe both parties can sit down and compromise, an uncontested route is possible. If one side is uncooperative or adversarial, contested may be unavoidable.
- Time, cost, and emotional priorities: If you want to minimize cost, timeline, and conflict, you’ll aim to keep it uncontested—but that only works if agreement is achievable.
If you initially file with hopes of being uncontested but find disagreement arises, you can shift to a contested process. The opposite is also possible: a case that starts contested can settle into an uncontested agreement through negotiation or mediation.
Final Thoughts
In the state of Arizona, while both uncontested and contested divorces lead to the same ultimate goal—ending the marriage—the journey is very different. An uncontested divorce offers a quicker, less expensive, and often less stressful path when you and your spouse are in agreement. But when major disputes exist, a contested divorce may be necessary—and you should be prepared for more time, cost, complexity, and court involvement.
Get Expert Help
If you’re facing a divorce in Arizona and aren’t sure which path is right for you—or whether you can keep it uncontested or must be prepared for a contested proceeding—don’t go it alone. At Hernandez Family Law, we have experience guiding clients through both uncontested and contested divorce matters. We’ll help you evaluate your situation, navigate the process, protect your rights, and work toward the outcome that best fits your life and your future.
Contact us today for a consultation and let us help you decide your path forward.