Two individuals with clasped hands across a wooden table from a person holding wedding rings and a gavel.

Uncontested vs. Contested Divorce in Arizona: What’s the Real Difference?

As couples are deciding to end their marriage, they often wonder what the difference is between an uncontested and contested divorce in Arizona. The distinction really does matter. It will determine how long things take, how much it will cost you, and the level of conflict that might be involved. 

At JNH Legal Services, PLLC, our legal paraprofessional can help. Arizona divorces can seem daunting at first, but having someone help you negotiate your issues and draft documentation can make a big difference. With either type, Jason Halper is available to help. 

What Is an Uncontested Divorce in Arizona?

A divorce can be uncontested both of you can agree on all of the major issues you need to finalize your divorce. This includes:

  • Division of property 
  • Allocation of debts
  • Spousal maintenance (alimony)
  • Legal decision-making and parenting time
  • Child support
  • Any other financial or parenting matters

Benefits of an Uncontested Divorce

You might prefer an uncontested divorce for the following reasons:

1. Lower Cost

Uncontested divorces cost less. They require less involvement by an attorney and less time spent in court. 

2. Faster Timeline

Arizona uses a 60-day waiting period after you file before you can end your marriage. Many uncontested divorces finalize shortly after that period ends.

3. More Control

You get to agree on how to divide your property, split parenting time, and all other aspects of your divorce. This puts you in better control. 

4. Less Conflict

When you can both agree, even if it’s a compromise, this helps preserve your relationship. This is especially important if you have kids together. 

What Is a Contested Divorce in Arizona?

A contested divorce is for when you can’t agree on issues that are key to your divorce. Even one unresolved issue could lead to a contested case. 

Common areas of dispute include:

  • Parenting time and legal decision-making
  • Spousal maintenance
  • Division of community property
  • Valuation of assets
  • Child support deviations
  • Allegations of domestic violence 
  • Financial misconduct

Why Contested Divorces Take Longer

Contested divorces can take much longer. They may last six to twelve months, or even longer. This often depends on:

  • The number of disputed issues
  • The complexity of assets
  • Whether experts are needed 
  • Court scheduling and availability
  • The level of conflict between spouses

Because contested cases require more filings, hearings, and negotiations, they also tend to be significantly more expensive.

Which Divorce Type Is Right for You?

Choosing the right type of divorce will depend so much on the individual facts of your case.

Choose an uncontested divorce if:

  • You and your spouse communicate well
  • You agree on all major issues
  • You want a faster, lower-cost process
  • You prefer to keep decisions in your own hands

A contested divorce is more likely if:

Two professionals in a meeting with documents, a laptop, and a wooden gavel on the table.
  • There are disagreements about children, finances, or property
  • One spouse refuses to negotiate
  • There are concerns about safety, abuse, or hidden assets
  • Complex financial issues require expert involvement

When to Consult an Arizona Legal Paraprofessional

A legal paraprofessional (LP) can help you analyze your case and determine the best path forward. Jason Halper, the founder of JNH Legal Services, PLLC, is a dedicated LP with years of experience helping clients find cost-effective and efficient solutions. He is an accomplished paraprofessional and author, writing “Licensed to Lead: A Comprehensive Guide to Emerging as a Legal Paraprofessional.”

A legal paraprofessional can help you speed up your family law matter. 

Work with an Experienced Arizona Legal Paraprofessional

Jason Halper has years of experience as a legal paraprofessional. Let him help you speed things up and successfully resolve your family law issues.

Consult an experienced legal paraprofessional at JNH Legal Services, PLLC to learn more about how we can help. Contact us today to schedule a consultation. 

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