Phoenix, AZ Contested Divorce Lawyer
Contested divorces in Phoenix require legal representation from an expert contested divorce lawyer to navigate complex disputes over property division, child custody, spousal support, and other critical issues. When spouses cannot agree on the terms of their divorce, the case becomes contested and must be resolved through litigation in Maricopa County Superior Court.
The Law Office of Cosmas Onyia provides skilled advocacy for clients facing contested divorce proceedings, working tirelessly to protect their rights and achieve favorable outcomes during this challenging time.
Contested Divorces: Your Key Takeaways
- Contested divorces involve disputes over property, custody, support, or other divorce-related issues.
- Arizona is a no-fault divorce state, but fault can affect property division and spousal support decisions.
- Discovery procedures allow both sides to gather evidence and financial information during contested cases.
- Courts can issue temporary orders at the beginning of a case to address urgent matters like child custody, bill payments, and who lives in the family home
- Mediation and settlement negotiations often resolve contested issues without going to trial.
- Experienced legal representation can protect your interests in complex divorce litigation.
Understanding Contested Divorce in Arizona
A contested divorce occurs when spouses disagree on one or more significant issues that must be resolved before the divorce can be finalized. These disputes commonly involve child custody and parenting time, division of marital property and debts, spousal support amounts and duration, and decisions about the family home and other significant assets. Unlike uncontested divorces, where couples agree on all terms, contested cases require court intervention to resolve disputes.
Arizona’s no-fault divorce laws mean neither spouse must prove wrongdoing to obtain a divorce. However, certain actions like the wasteful spending of marital funds or hiding assets can influence the court’s decisions on property division and spousal support.
Understanding how Arizona courts approach these issues requires knowledge of statutory law and local court practices.
The timeline for a contested divorce depends on the complexity of the issues and the level of disagreement between the parties. An attorney can help you manage the process effectively and avoid unnecessary delays that impact your financial security and family relationships.
The Contested Divorce Process
Contested divorce proceedings begin with filing a petition for divorce and serving it on the other spouse, who then can file a response raising their claims and defenses. Early in the case, courts often issue temporary orders addressing immediate concerns about child custody, support, and exclusive use of the family home while the case is pending.
The discovery phase allows both parties to gather financial information, identify marital assets and debts, and obtain evidence relevant to contested issues. This process may include formal interrogatories, document requests, depositions of the parties and witnesses, and expert evaluations of complex assets or child custody matters. Thorough discovery is essential for building strong cases and ensuring all relevant information comes to light.
There are alternatives to divorce court. Many contested divorces are resolved through settlement negotiations or mediation before reaching trial. Arizona courts encourage alternative dispute resolution, and experienced divorce attorneys often achieve better outcomes through negotiation than might result from contested hearings. However, when settlement is impossible, we prepare thoroughly for divorce trial and present compelling cases to protect our clients’ interests.
Property Division in Contested Cases
Arizona is a community property state, meaning assets and debts acquired during the marriage are presumed to belong to both spouses and are divided equitably upon divorce.
However, contested divorces often involve disputes about which assets are community property versus separate property.
In these instances, the court reviews the valuation of complex assets like businesses or professional practices, and whether factors such as marital waste, financial misconduct, or hidden spending should overcome the presumption of equal division.
Unfortunately, hidden assets and financial deception occur in some contested divorces, requiring thorough investigation and forensic accounting expertise. We work with qualified experts to trace financial records, identify undisclosed assets, and ensure property division is based on complete and accurate financial information.
Child Custody and Support Disputes
Contested custody cases often require professional evaluations by court-appointed experts who interview family members, observe parent-child interactions, and make recommendations to the court. These evaluations carry significant weight in judicial decisions, especially in matters involving domestic violence and child custody, making it vital to approach them strategically and present your case effectively.
Spousal Support Considerations
Spousal support, also called alimony in Arizona, may be awarded in contested divorces when one spouse needs financial assistance to maintain a reasonable standard of living or to pursue education or training for employment. Courts evaluate multiple factors when deciding alimony in Arizona, including the length of the marriage, each spouse’s earning capacity, their contributions to the household, and their overall financial resources and needs.
Why Retain the Services of a Contested Divorce Lawyer at the Law Office of Cosmas Onyia?
The Law Office of Cosmas Onyia brings extensive experience in complex contested divorce litigation to every case. Our divorce attorneys understand these disputes’ emotional and financial stakes and provide aggressive advocacy and strategic thinking to achieve optimal outcomes. We recognize that every contested divorce involves unique family circumstances requiring personalized legal strategies.
Our firm’s strength lies in thorough preparation and attention to detail. We work closely with financial experts, child custody evaluators, and other professionals to build compelling cases.
Our deep understanding of Arizona family law and familiarity with local court procedures give our clients significant advantages in contested proceedings.
Frequently Asked Questions
How long does a contested divorce typically take in Arizona?
Contested divorces generally take 6 months to 2 years or more, depending on the complexity of issues and the parties’ willingness to negotiate settlements.
What’s the difference between legal separation and contested divorce?
Legal separation allows a couple to live apart and formalize arrangements for property, debt, and child custody through a court order, but they remain legally married. This is often used for religious reasons or to maintain health insurance coverage. A divorce legally ends the marriage.
Can I modify child custody arrangements after a final contested divorce?
Child custody orders can be modified when a substantial and continuing change in circumstances affects the child’s best interests.
How are legal fees typically handled in contested divorce cases?
Each party usually pays its attorney fees, though courts may award attorney fees to one party in cases involving significant income disparities or bad faith conduct.
What happens if my spouse hides assets during our contested divorce?
Arizona law provides remedies for concealed assets, including awarding the hidden assets entirely to the innocent spouse and potentially holding the concealing spouse in contempt of court.
Should I try mediation before going to trial in my contested divorce?
Mediation is often required by Arizona courts and can result in better outcomes than a trial while saving time and money. However, it’s not appropriate in all cases, particularly those involving domestic violence.
What are temporary orders in a divorce?
When you file for divorce, you or your spouse can ask the court for temporary orders. These orders provide rules for both of you to follow while the divorce is in progress. They often address who will live in the family home, establish a temporary parenting plan and child support, determine who pays certain bills, and prevent either spouse from selling assets.
What is the first step in a contested divorce?
The process begins when one spouse, the “Petitioner,” files a Petition for Dissolution of Marriage with the Superior Court.
The Petitioner must then formally deliver a copy of the petition and other required documents to the other spouse, the “Respondent.” This formal delivery is called “service of process.”
What should I do if my spouse served me with divorce papers?
You have a limited time to file a formal “Response” with the court. Your response allows you to state what you agree with and disagree with in your spouse’s petition.
Failing to respond on time could result in the court making decisions without your input. Contact an attorney immediately to understand your rights and protect your interests.
Arrange a Meeting with a Divorce Lawyer at the Law Office of Cosmas Onyia Today
Don’t try to handle a divorce proceeding yourself. Get the legal help you need. Contact the Law Office of Cosmas Onyia at (602) 265-5200, and schedule a consultation with a divorce attorney immediately.
Law Office of Cosmas Onyia – Phoenix Office
3636 North Central Avenue
Suite 800
Phoenix, AZ 85012
P: (602) 560-9449
