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 attorney’s 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 an uncontested divorce. This means that it will take a great deal more time and money to resolve. A contested divorce usually require aggressive actions and discovery efforts which can all add to the expense. Additionally, the result in 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 heath 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 lawyer so ensure that someone is fighting for you interests. Get in touch today!