What is the Real Difference Between a Contested and Uncontested Divorce in Arizona?
When people in Bullhead City, Lake Havasu, or Kingman decide it’s time to end a marriage, they often just want it to be over. They want it to be fast, cheap, and simple. But the path your divorce takes depends on one simple thing: agreement.
At Knochel Law Offices, our family law team has helped people navigate this process for over 35 years. We can tell you there are really only two types of divorce: contested and uncontested.
Understanding the difference between these two paths is the best first step you can take. It will help you set your expectations, figure out your budget, and understand what your future might look like.
Let’s break down what these two words really mean for your case, your money, and your family.
What is an Uncontested Divorce (or “Divorce by Agreement”)?
An “uncontested” divorce is what most people want. It’s simple, fast, and much less expensive.
An uncontested divorce means that you and your spouse agree on everything. And we mean everything. You must both agree on:
- Property & Debt Division: Who gets the house in Bullhead City? Who gets the truck? Who is responsible for the credit card bills? In Arizona, a community property state, all assets and debts from the marriage are usually split 50/50. You must agree on exactly how that split will happen.
- Child Custody (Legal Decision-Making): Who makes the big decisions about your children’s health, education, and religion? Will it be one parent (sole) or both parents (joint)?
- Parenting Time (Visitation): What will the actual, day-to-day schedule be for the kids? Where will they sleep on weekdays? Weekends? Holidays?
- Child Support: Using the Arizona Child Support Guidelines, what is the correct amount of support one parent will pay the other?
- Spousal Support (Alimony): Will one spouse pay alimony to the other? If so, how much and for how long?
If you and your spouse can sit down (either on your own or with a mediator) and agree on all five of these points, you can file for an uncontested divorce.
The Uncontested Process: You file all your paperwork with the Mohave County Superior Court at the same time. This includes your original petition and your final, signed “Consent Decree.” A Consent Decree is the final divorce order that you both wrote and signed, telling the judge you agree on everything.
After the 60-day mandatory waiting period in Arizona, a judge will review your paperwork. If it’s all fair and complete, the judge will sign it. You will be divorced, and you may never have to step foot in a courtroom.
This is the best-case scenario for a divorce. It’s private, it’s fast, and it saves you thousands of dollars in attorney’s fees.
What is a Contested Divorce (or “Divorce by Disagreement”)?
A “contested” divorce is the exact opposite. It means you and your spouse disagree on at least one thing.
It doesn’t have to be a big fight.
- If you agree on everything except who gets the dog… your divorce is contested.
- If you agree on 99% of the property but are fighting over a $5,000 credit card bill… your divorce is contested.
- If you agree on custody, but one of you wants to move to Kingman and the other wants to stay in Bullhead City… your divorce is contested.
Any disagreement, big or small, means you are in a “contested” case.
Why This Is a Big Deal: A contested divorce means that you cannot just file your paperwork and wait for a judge to sign it. It means you are asking a judge to make the decisions for you.
And that is a long, expensive, and stressful process.
The Contested Process:
- Petition & Response: One person files the Petition for Dissolution. The other person has 20-30 days to file a “Response.” This is where they tell the court what they don’t agree with.
- Temporary Orders: You may need a judge to set temporary rules for who stays in the house and what the custody schedule is while the divorce is happening. This is a “Temporary Orders Hearing.”
- Discovery: This is the longest part. It’s the formal process of gathering evidence. Lawyers will send “Requests for Production” (asking for bank statements, pay stubs, etc.) and “Interrogatories” (written questions). You may have to go to a “deposition,” where your spouse’s lawyer asks you questions under oath.
- Mediation: Most judges in Arizona will order you to try mediation to see if you can reach an agreement.
- Trial: If you still can’t agree, you will go to trial. You and your spouse will testify. You may have experts (like a custody evaluator or a business appraiser) testify. In the end, a judge—who is a total stranger—will spend a few hours or a few days listening to your case and then make all the final decisions about your property, your money, and your children.
As you can see, this process can take a year or more and cost thousands, or even tens of thousands, of dollars.
Which Path is Right for Me?
Here’s the truth: you don’t always get to choose.
If your spouse is hiding money, abusing drugs, or is completely unreasonable, you can’t force an uncontested divorce. You will be in a contested case. And in that situation, you need a strong, experienced lawyer to fight for you.
But in many cases, you can choose. You can choose to be reasonable. You can choose to compromise.
We’ve seen clients spend $10,000 fighting over a $5,000 couch. The only people who win there are the lawyers.
At Knochel Law Offices, we have been a part of the Bullhead City community for over 35 years. We are not here to “fight for fighting’s sake.” Our first goal is always to see if we can get you the best possible outcome through an uncontested divorce. We will give you an honest, clear-eyed view of your case.
If we can settle it fairly, we will. If your spouse is being a bully and we have to fight, we are more than ready to do that, too. Finding an attorney “near me” who will tell you the truth is the most important part of this process.
Key Takeaways: Contested vs. Uncontested Divorce
- Uncontested = 100% Agreement. You and your spouse agree on all issues (property, debt, kids, support). This is the fastest, cheapest, and most private way to get divorced.
- Contested = 1% (or more) Disagreement. You and your spouse disagree on at least one thing.
- Contested Cases Go to a Judge. If you can’t agree, you are asking a judge to make the final decisions about your life, your money, and your kids.
- The Process is Different. An uncontested divorce is mostly paperwork. A contested divorce involves a long process of discovery, hearings, and a potential trial.
- You Can Choose to Settle. Most contested cases do settle before trial. You can choose to compromise at any time to save money and stress.
5 Common Questions About Divorce in Arizona
- My spouse and I agree on everything. Do we still need a lawyer? You are not required to have a lawyer for an uncontested divorce. However, it is highly recommended. It is very easy to make a mistake on the paperwork, and the court clerks cannot give you legal advice. A small mistake in your Consent Decree (like forgetting to divide a retirement account) can cost you tens of thousands of dollars down the road. It’s worth a small flat fee to have a lawyer review or draft your papers to make sure your rights are protected.
- How long does a divorce take in Arizona? Arizona has a mandatory 60-day “cooling-off period.” This means the fastest you can get divorced is 61 days after the petition is served. An uncontested divorce usually takes 60-90 days. A contested divorce in Mohave County can take anywhere from 6 months to 1.5 years, or even longer.
- My spouse and I want an uncontested divorce, but we can’t agree on who gets the house. What should we do? You should try mediation. A mediator is a neutral third party (often an experienced family law attorney) who helps you find a compromise. They can’t give legal advice, but they can help you brainstorm solutions. For example, maybe one person keeps the house and “buys out” the other, or maybe you agree to sell the house and split the profit. This is much cheaper than going to trial.
- What if I don’t respond to the divorce papers? If your spouse serves you with a Petition for Dissolution and you do not file a Response, your spouse can file for a “default.” This means that after a certain amount of time, the judge will give your spouse everything they asked for in their petition. You will have no say in the matter. Never ignore divorce papers.
- What is a “covenant marriage”? Arizona is one of three states that offers “covenant marriage.” This is a type of marriage that has extra requirements to get in and extra requirements to get out. You can only get divorced for specific, “fault-based” reasons (like abuse, adultery, or a felony conviction) and you must attend counseling. It is much, much harder to get out of a covenant marriage. We can help you understand your options if you are in one.
