The idea of going to trial in divorce court strikes fear in the hearts of.
The idea of going to trial in divorce court strikes fear in the hearts of even the most confrontational people. To make matters worse, Arizona is a community property state. This means that, if your divorce goes to trial, then the court will award exactly half of your marital property to your ex-spouse, even if you were only married briefly, and even if your ex is perfectly capable of being financially independent of you. The good news is that most divorce cases do not go to trial; in other words, most of the people who grumble about Arizona’s community property rule on online message boards and the comments sections of news articles have never felt its sting and probably never will. Almost everyone who files for divorce in Arizona attends mediation, even if the chances are low that they will be able to reach an agreement about property division and parenting time without going to trial. The vast majority of divorce cases that do not go through the mediation stage are uncontested divorces. A Tempe family law attorney can represent you in divorce mediation or, if appropriate, help you prepare to file for an uncontested divorce.
Every Divorce is Contested or Uncontested
Most divorce cases are contested divorces. This means that one spouse is the petitioner, and the other is the respondent. The petition files a divorce petition, listing his or her requests regarding property division and parenting time. Within a few weeks of being served with the divorce petition, the respondent files a response, listing his or her own requests, regarding points where the respondent does not agree to the petitioner’s requests. If the respondent does not respond to the petition by the deadline, the petitioner may request a default divorce, in which the court grants all the requests listed in the divorce petition.
Uncontested divorce happens when the spouses have already reached an agreement about property division and, if they have minor children together, about parenting time, before they file the divorce petition. In an uncontested divorce, both spouses file the divorce petition jointly. When you file for an uncontested divorce or reach a settlement during mediation, you and your spouse choose how to divide the marital property; the judge will sign off on it even if you do not divide your marital property equally.
Divorce Mediation is for Almost Everyone
If you file for a contested divorce, then upon receipt of the respondent’s response, the court will ask both parties to submit financial disclosures about their income and separate marital assets and debts. Then the court will order the parties to attend divorce mediation. You can ask the court to waive the mediation requirement, or the court might even waive it automatically, if domestic violence played a role in your divorce, especially if a court has issued a restraining order forbidding your estranged spouse to be in the same room with you.
Mediation is less costly and less adversarial than a trial, but you still need a divorce lawyer. Your lawyer and your ex’s lawyer will negotiate about the points of disagreement in your divorce petition and response, and a professional mediator will facilitate negotiations. Eventually, you will reach a settlement agreement and draft a parenting plan; the judge will then finalize your divorce by issuing court orders formalizing these agreements. If it becomes obvious that you cannot reach an agreement during mediation, the court will schedule a trial, and then the judge will make the final decision about your property division and parenting time.
Uncontested Divorce is Best Suited to the Richest Couples and the Poorest
Most couples finalize their divorce through mediation; the second largest group of divorce cases is contested divorces that begin in mediation and then proceed to trial. Uncontested divorce cases tend to fall into one of two categories. One group of uncontested divorces involves couples who own very little marital property and do not have children together; most of these couples either had a brief marriage, or else they are young and new to the workforce, so they own very little property, separate or marital. The other group includes wealthy couples who can afford a collaborative divorce. In collaborative divorce, the parties hire lawyers and go through a mediation-like process without involving the court. Once their collaborative divorce negotiations are finished, they file for an uncontested divorce.
Contact Singular Law Group About Divorce Cases
A family law attorney can help you finalize your divorce without going to trial. Contact Singular Law Group PLLC in Tempe, Arizona to set up a consultation.
Sources
Collaborative Divorce Arizona | Arizona Mediation (azmediator.com)
A Tempe divorce lawyer can reduce the expense and stress of divorce by representing you in family court mediation or uncontested divorce.