In an uncontested divorce, the couple is able to come to an agreement on the terms of their separation. In these cases, often through mediation, a final trial is not necessary. In a contested divorce, however, both parties must present their case to a judge who will determine the end results of the divorce. The Arizona divorce attorneys at Hogle Family Law are experienced in dealing with the challenges of a contested divorce such as child custody or property disputes. Regardless of the details of your contested divorce, our legal team is here to help you get through it.
Should I contest a divorce?
Contested divorces are much more involved than uncontested divorces. This means that it will take a great deal more time and money to resolve. A contested divorce usually requires aggressive actions and discovery efforts which can all add to the expense. Additionally, the result of a contested divorce is determined by a judge that may or may not agree with your legal position. Before deciding to contest a divorce, it is imperative that you speak with an attorney who can help you explore your options and help you determine if contesting the divorce is the best way for you to move forward.
One common issue in a contested divorce is Child Custody. In Arizona, the rights of both parents are equal and thus, both parents have equal custody. The court has the power to alter those rights if they deem it is in the best interest of the child. Matters such as the health of the parents, the child’s education, and how comfortable the child is in their home and community are all factors that are considered before ruling on a matter of child custody.
Arizona is a community property state. This means that a married couple jointly owns all of their property equally. Any property that was owned by one spouse prior to the marriage is considered the property of that spouse. This is also true of gifts and any inheritance. There are a number of ways in which couples can divide their property. However, courts are prohibited from ruling based on marital misconduct in Arizona. There are cases where a court will award more than half of the property to one spouse. This is usually done when the other spouse wasted community property on a drug habit or gambling. Courts will also divide debts between the two spouses.
When dealing with an uncontested divorce, it is imperative you speak to a divorce lawyer to ensure that someone is fighting for your interests. Get in touch today!
We’re here to support your family, whatever challenges may arise.
From determining the value to dividing assets, we’ll help you navigate the process.
Helping you work out all the details, so you can make a clean break and move on.
When it comes to your child’s welfare, we will help ensure they get everything they need.
You only want the best for matters of child custody. Don’t leave it up to chance.
Taking your case to court and getting the right value is essential to ensure you can maintain your livelihood.