In this helpful article about Contested Divorce in Phoenix, we'll discuss the following:
Contested Divorce: The (Not so) Good, Bad & the Ugly Truth
Divorce is a complicated process that can become even more challenging when it is contested. In Arizona, a contested divorce involves several elements, such as child custody, child support, spousal maintenance, asset division, and relocation.
This article aims to provide an in-depth understanding of these elements and why hiring a Phoenix divorce lawyer is crucial.
Below are some Common Scenarios of a Contested Divorce
Child Custody: When both parties cannot agree on legal or physical custody, or one parent wants sole custody of the child.
Child Support: When there is a disagreement on the amount of child support to be paid or the factors used to calculate it.
Spousal Maintenance: When one party contests the award of spousal maintenance or disagrees with the amount to be paid.
Asset Division: When the parties cannot agree on the division of community property or assets acquired before the marriage.
Relocation: When one parent wants to move with the child, and the other parent objects to the move.
Domestic Violence: When there is a history of domestic violence, abuse, or neglect, and one party seeks to protect themselves or the children from harm.
Substance Abuse: When one party has a history of substance abuse, and the other party seeks to limit their contact with the children.
High-Conflict Divorce: When the parties cannot communicate and cooperate with each other, there is a high level of conflict and animosity between them.
Complex Financial Issues: When the parties have significant assets, debts, or income, and there are complex financial issues to be resolved.
Legal Issues: When there are complex legal issues involved, such as jurisdiction, venue, or procedural rules, and the parties need legal representation to navigate the process.
Child Custody in a Contested Divorce
Child custody is one of Arizona’s most critical aspects of a contested divorce. The state recognizes two types of custody – legal and physical custody.
Legal custody refers to the right to make decisions regarding the child’s upbringing, such as education, religion, and medical care.
On the other hand, physical custody refers to the child’s physical presence with the parent.
Both parties may have different opinions on how custody should be divided in a contested divorce. When this happens, the court considers several factors when determining child custody.
Some of these factors include the child’s relationship with each parent, the ability of each parent to provide for the child’s needs, the mental and physical health of each parent, and any history of domestic violence or substance abuse.
If both parties cannot agree on a custody arrangement, the court makes a determination based on the child’s best interests. A judge or a court-appointed evaluator can do this.
An experienced Phoenix divorce lawyer can help you understand these factors and fight for your right to have custody over your child.
Child Support: Factors and Calculation
Another crucial element of a contested divorce is child support. In Arizona, child support is based on a formula that considers the income of both parents, the number of children, and the parenting time each parent has. Other factors that may be considered include the child’s healthcare and educational expenses.
When there is a disagreement on the amount of child support to be paid, the court decides based on these factors.
Having an experienced Phoenix divorce lawyer can ensure that all relevant factors are considered and that the child support amount is fair and reasonable.
Spousal Maintenance: Factors and Calculation
Spousal maintenance, also known as alimony, is a payment made by one spouse to the other for support after the divorce.
In Arizona, spousal maintenance can be awarded to either spouse based on factors such as the length of the marriage, the income of each spouse, and the ability of each spouse to support themselves.
When there is a disagreement on spousal maintenance, the court makes a determination based on these factors. It is essential to have a skilled Phoenix divorce lawyer to ensure that your interests are protected.
Asset Division: Community Property and Exceptions
Asset division is another critical element of a contested divorce in Arizona. Arizona follows community property law, which means that all assets acquired during the marriage are considered community property and will be divided equally between the parties. However, there are exceptions to this rule, such as assets acquired before the marriage or by inheritance or gift.
When there is a disagreement on the division of assets, the court makes a determination based on the facts of the case.
A Phoenix divorce lawyer can help you understand your rights and work to achieve a fair and equitable distribution of assets.
Relocation During or After a Contested Divorce
Relocation can be a significant issue in a contested divorce, especially when one parent wants to move with the children.
In Arizona, a parent must provide written notice to the other parent at least 45 days before the proposed move. The other parent has 30 days to object to the move.
If the parties cannot agree on relocation, the court makes a determination based on the best interests of the child. The court considers several factors, such as the reason for the proposed move, the relationship between the child and each parent, and the child’s preference if they are mature enough to express it.
Get Aggressive Legal Representation to Fight For You
The elements discussed in this article, such as child custody, child support, spousal maintenance, asset division, and relocation, require a thorough understanding of the law and legal procedures. It is essential to have an experienced Phoenix divorce lawyer to guide you through the process and help you achieve the best outcome for you and your family.
A Phoenix divorce lawyer can help you understand your rights, protect your interests, and navigate the complex issues involved in a contested divorce.
They can provide you with legal guidance and representation to ensure that your voice is heard in court. Therefore, if you are going through a contested divorce, it is crucial to seek the help of an experienced Phoenix divorce lawyer to ensure that you have the best possible outcome.
Divorce in Arizona
In Arizona, the main difference between a contested and an uncontested divorce is whether the parties can agree on the issues involved in the divorce. An uncontested divorce occurs when both parties can agree on all issues, including child custody, child support, spousal maintenance, asset division, and any other relevant issues. An uncontested divorce typically involves a simpler and more straightforward process, as both parties can submit a written agreement to the court.
On the other hand, a contested divorce is when the parties cannot agree on one or more of the issues involved in the divorce. A contested divorce can involve complex legal issues, such as child custody, property division, and spousal support. It typically requires the involvement of lawyers and can be more time-consuming and expensive than an uncontested divorce.
It is worth noting that a contested divorce does not necessarily mean that the parties will have to go to trial. In some cases, the parties can still reach a settlement agreement without going to trial. However, if the parties cannot reach an agreement, the court will make a determination based on the facts of the case.
In a contested divorce, there are several stages involved in the legal process. While the specifics of each case can vary, the following are the general stages of a contested divorce in Arizona:
Filing the Petition: The first stage in a contested divorce is when one spouse files a petition with the court. The petition outlines the grounds for divorce and the relief sought, such as child custody, child support, spousal maintenance, and asset division.
Response: After the petition is served, the other spouse has 20 days to respond. The response should address the issues raised in the petition and can also include a counter-petition if the responding spouse seeks relief from the court.
Discovery: The discovery stage involves exchanging information and documents relevant to the issues in the case. This stage can include depositions, written interrogatories, requests for the production of documents, and requests for admission.
Pretrial Conferences: Pretrial conferences are meetings between the parties and the court to discuss the case’s progress, identify the disputed issues, and explore the possibility of a settlement.
Mediation: Mediation is a process in which a neutral third party facilitates a settlement agreement between the parties. It is a voluntary process, but it can be an effective way to resolve the issues in a contested divorce.
Trial: If the parties cannot reach a settlement agreement, the case will proceed to trial. At trial, each party presents its evidence and arguments to the court, and the court makes a determination based on the evidence presented.
Appeal: If either party is dissatisfied with the court’s decision, they may have the right to appeal the decision to a higher court.
It is important to note that not all contested divorces go through all of these stages. Some cases may settle before trial, while others may require additional steps. An experienced Phoenix divorce lawyer can guide you through the process and help you achieve the best outcome for your case.
In Arizona, it generally does not matter who files for divorce first. Arizona is a “no-fault” divorce state, which means that a party can file for divorce without having to prove that their spouse did something wrong. The court will grant a divorce if either spouse believes that the marriage is irretrievably broken, regardless of who filed first.
However, there are some advantages to filing for divorce first. For example, the party who files first has the advantage of being able to choose the court where the divorce will be heard, which can be important if the parties live in different counties or states. Additionally, the party who files first has more time to prepare their case, including gathering evidence, identifying witnesses, and working with a lawyer.
Filing first can also set the tone for the divorce proceedings, as the party who files first has the opportunity to set the initial terms and conditions for the divorce. However, it is important to note that this advantage may not be significant in a contested divorce, where the parties are unable to agree on the terms of the divorce.
Ultimately, the decision to file for divorce first should be made after considering the specific circumstances of the case. An experienced Phoenix divorce lawyer can provide guidance and advice on the advantages and disadvantages of filing first and help you determine the best course of action for your case.
No, both parties do not have to agree to a divorce in Arizona. Arizona is a “no-fault” divorce state, which means that either spouse can file for divorce without having to prove that their spouse did something wrong. If one spouse believes that the marriage is irretrievably broken, they can file for divorce, and the court will grant a divorce, even if the other spouse does not agree.
However, if one party contests the divorce, it can make the divorce process more complex and time-consuming. In a contested divorce, the court will need to make determinations on issues such as child custody, child support, spousal maintenance, and asset division. This can involve a trial, which can be costly and time-consuming.
It is important to note that even if one party does not agree to a divorce, they cannot prevent the other party from obtaining a divorce. However, it is generally in the best interest of both parties to work towards a settlement agreement, which can save time, money, and emotional distress.
An experienced Phoenix divorce lawyer can help you navigate the divorce process, whether it is contested or uncontested. They can provide guidance and advice on your legal rights and options, and work towards a resolution that is in your best interest.
If a spouse fails to respond to a divorce petition in Arizona, they may be subject to a default judgment. A default judgment is a court order that grants the relief requested in the divorce petition because the responding party did not take any action to respond or defend against the petition.
In Arizona, a spouse has 20 days from the date of service to file a response to the divorce petition. If the responding spouse fails to file a response, the filing spouse can file a Request for Default, which asks the court to enter a default judgment against the non-responding spouse.
Once a default judgment is entered, the court will grant the relief requested in the divorce petition, such as child custody, child support, spousal maintenance, and asset division. However, the defaulting spouse may still have the opportunity to contest the default judgment under certain circumstances, such as if they can show that they did not receive proper notice of the divorce proceedings.
It is important to note that obtaining a default judgment is not always the best option, even if the responding spouse fails to respond to the divorce petition. In some cases, it may be more beneficial to work towards a settlement agreement, which can avoid the time and expense of a trial and result in a more amicable resolution.
An experienced Phoenix divorce lawyer can guide you through the divorce process and help you determine the best course of action for your case, whether the divorce is contested or uncontested. They can provide you with legal guidance and representation to ensure that your interests are protected.
In Arizona, the first hearing in a contested divorce is typically a Preliminary Injunction Hearing. The purpose of this hearing is to put temporary orders in place to protect both parties and their assets during the divorce proceedings. The hearing is typically held within a few weeks after the petition and response have been filed.
During the Preliminary Injunction Hearing, the judge will review any requests for temporary orders made by either party, such as child custody, child support, spousal maintenance, and asset division. The judge will also issue a Preliminary Injunction, which is a court order that prohibits both parties from taking certain actions that could affect the divorce proceedings. For example, the Preliminary Injunction may prohibit the parties from transferring assets, changing beneficiaries on life insurance policies, or harassing each other.
It is important to note that the Preliminary Injunction is a temporary order that is in effect only during the divorce proceedings. Once the divorce is finalized, the court will issue a final order that supersedes the Preliminary Injunction.
The first hearing in a contested divorce can be overwhelming, especially if you do not have legal representation. It is important to hire an experienced Phoenix divorce lawyer who can guide you through the process and ensure that your rights are protected. They can provide you with legal advice and representation during the Preliminary Injunction Hearing and throughout the divorce proceedings.
Yes, a contested divorce can be withdrawn in Arizona. Either party has the right to file a request to dismiss the divorce case at any time before the court enters a final judgment of divorce.
If both parties agree to withdraw the case, they can file a stipulation to dismiss the divorce case. A stipulation is a written agreement between the parties that sets forth the terms of their agreement. If the court approves the stipulation, the divorce case will be dismissed, and the parties will be returned to their legal status before the case was filed.
If only one party wants to withdraw the case, they can file a request to dismiss the case. The court will review the request and may grant the dismissal if it finds that there is good cause to do so.
It is important to note that if the divorce case has already gone to trial and the court has entered a final divorce judgment, it may be more difficult to withdraw the case. Once a final judgment of divorce has been entered, it becomes a legal order that can only be modified under certain circumstances.
If you are considering withdrawing a contested divorce, it is important to consult with an experienced Phoenix divorce attorney. They can provide you with legal advice and guidance on the best course of action for your case and ensure that your rights are protected.
During this time, it is important to avoid certain behaviors that can negatively affect the divorce proceedings and your well-being. Here are some things to avoid during a divorce:
Do not post about your divorce on social media: Avoid posting about your divorce on social media, as anything you say can be used against you in court. This includes posting negative comments about your spouse, sharing details about the divorce proceedings, or posting pictures of yourself engaging in questionable behavior.
Do not hide assets: It is important to be transparent about your financial situation during a divorce. Do not hide assets or income, as this can lead to legal consequences and damage your credibility in court.
Do not involve your children in the divorce proceedings: Keep your children out of the divorce proceedings as much as possible. Do not badmouth your spouse in front of your children or use them as a bargaining chip in negotiations.
Do not violate the court’s orders: If the court has issued orders regarding child custody, support, or visitation, it is important to follow them. Violating the court’s orders can lead to legal consequences and damage your case.
Do not make decisions based on emotions: Divorce can be an emotional time, but it is important to make decisions based on logic and reason. Avoid making decisions out of anger or revenge, as this can lead to negative consequences in the long run.
Do not make major life changes: It is generally not a good idea to make major life changes during a divorce, such as quitting your job, moving to a new city, or entering into a new relationship. These changes can complicate the divorce proceedings and may have negative consequences on the outcome of your case.
Do not represent yourself: It is generally not advisable to represent yourself in a divorce case, especially if it is contested. An experienced Phoenix divorce lawyer can provide you with legal guidance and representation to ensure that your rights are protected.
By avoiding these behaviors during a divorce, you can minimize the negative impact of the divorce proceedings on your life and achieve the best possible outcome for your case.
If you are considering getting a divorce, it is important to prepare yourself and take certain steps before telling your spouse. Here are some things to do before telling your spouse that you want a divorce:
Seek legal advice: Before telling your spouse that you want a divorce, it is important to consult with an experienced Phoenix divorce lawyer. A divorce lawyer can help you understand your legal rights, the divorce process, and the potential consequences of the divorce. They can also provide you with guidance on how to approach the conversation with your spouse.
Gather financial documents: In a divorce, financial issues such as asset division and spousal support can be major sources of conflict. Before telling your spouse that you want a divorce, it is important to gather financial documents, such as tax returns, bank statements, and investment accounts. This can help you understand your financial situation and prepare for negotiations.
Plan for your living arrangements: If you plan to move out of the family home after telling your spouse about the divorce, it is important to have a plan for your living arrangements. This may involve finding a new place to live, arranging for temporary housing, or staying with family or friends.
Prepare emotionally: Divorce can be emotionally challenging, so it is important to prepare yourself emotionally before telling your spouse. This may involve seeking therapy or counseling, talking to supportive friends or family members, or engaging in self-care activities.
Decide on the best time and place: When telling your spouse about the divorce, it is vital to choose an appropriate and private time and place. Avoid telling your spouse in public or during a family event. Choose a time when your spouse is not distracted or stressed, and be prepared for a potentially emotional response.
By taking these steps before telling your spouse that you want a divorce, you can prepare yourself and increase the chances of a more amicable and less contentious divorce process.
Yes, you can get a divorce in Arizona even if your spouse lives in another state or country. Arizona has jurisdiction over divorce cases if one of the spouses has been a resident of Arizona for at least 90 days before filing for divorce.
If your spouse lives in another state or country, you may need to take additional steps to serve them with the divorce papers. This may involve hiring a process server in the other state or country, or serving the papers through certified mail. The specific requirements for serving divorce papers on an out-of-state or out-of-country spouse will depend on the laws of the state or country where they are located.
If your spouse lives in another country, it is important to understand the international laws that may apply to your divorce case. These laws can affect issues such as child custody, child support, spousal support, and property division. An experienced Phoenix divorce lawyer can provide you with guidance on the international aspects of your divorce case and help ensure that your legal rights are protected.
It is important to note that a divorce involving an out-of-state or out-of-country spouse can be more complex than a divorce where both parties live in the same state. An experienced Phoenix divorce lawyer can guide you through the process and help ensure that your interests are protected.
Arizona Contested Divorce
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