Uncontested vs. Contested

Phoenix Divorce Uncontested & Contested Divorce Lawyer

Get the Facts You Need

In Arizona, married couples can file for an uncontested divorce by negotiating agreements without holding a trial.  They have the opportunity to make decisions about child support, property and debt division, child custody and visitation, and other factors that a judge would normally decide.  Rather than go through a trial, you must only give your divorce papers to a family court judge, who will submit them for a final decree.

By contrast, a contested divorce includes a full trial, which could draw itself out if the divorce is contentious.  Contested divorces are more expensive and more public—they are entered into the public record because they involve a trial.

If you are considering divorce, an uncontested divorce may be the best option.  There are several advantages, such as:

  • Uncontested divorces are easier. If spouses are willing to negotiate, an uncontested divorce allows both parties to participate in the decision making process.
  • Without intervention from a judge, decisions are not forced on either party.
  • A lengthy divorce trial is eliminated.  Divorce trials can be expensive, but an uncontested divorce allows divorcing couples to lowers costs by avoiding battles in court.
  • The divorce process takes place more quickly.  Uncontested divorces provide separating couples with an opportunity to put their differences behind them and move forward with their lives.

Divorce may be a painful process, but there are options if couples can still negotiate with each other.  Steven Cole is an experienced divorce attorney who can help you avoid the frustration that comes with a contested divorce.  Contact us for a free consultation today.

Avoid a Contested Divorce with an Experienced Mesa AZ Family Lawyer

During your divorce, you and your spouse will need to make a number of decisions, depending on your circumstances. Some of these decisions include:

  • Child support:  You can work out agreements that meet your children’s needs and conform to Arizona law without the intervention of a judge.
  • What to do with the house: If you are upside down on your mortgage, an uncontested divorce provides a good opportunity to minimize the financial impact. By working together, you may be able to keep your house temporarily until you can sell it after the divorce.
  • Custody and visitation:  Together, you can decide on visitation rules that will meet your children’s needs, as well as your own. A judge may not understand your circumstances as well as you do.
  • Alimony and Spousal Support:  Agree on fair terms that meet your needs, as well as fulfill the requirements of Arizona law.
  • Property and Debt Division:  If you have retirement accounts or other assets, you may be happier with the outcome of your divorce if you participate in decisions about assets together.

While it is always desirable to see couples part ways peacefully, our Phoenix divorce lawyers also know some divorces are bitter.  Some spouses are out for revenge.  At the law office of Steven N. Cole, we know when to approach peacefully with an uncontested divorce, but we are not afraid to use aggressive tactics.  We offer free case evaluations so you can determine which course of action is right for you.