Standing by Your Side through Contested Divorce

Mesa Contested Divorce Lawyer

Headed for a Contested Divorce in AZ? Call Our Divorce Attorney for a Consultation!

Are you and your spouse constantly arguing? Is it simply time to end your marriage? Divorce is something that many individuals are initially afraid of. However, even in the case of a contested divorce, people often discover that they are much happier once they have taken legal action to dissolve their marriage. Just as it sounds, a contested divorce means that both spouses are in disagreement over the major issues and will require court intervention.

While it is important for you and your spouse to communicate and try to work matters out peacefully before pursuing this type of divorce, it is very common for couples to file for contested divorce. If you find yourself in this situation, do not hesitate to get the counsel you need; our Mesa contested divorce attorney is ready to help you through this trying time.

We can put our more than nearly 15 years of experience to work when protecting your best interests! Fill out our online contact form or call at (480) 526-4614 to request a consultation.

What is Involved in a Contested Divorce in Arizona?

When both spouses are in unresolved disagreement over what a settlement should entail, they will have to take their case to court and have a judge give the final decision. While this is not as desirable as resolving things outside of the courtroom, some couples simply cannot come to an agreement or comprise on these serious matters.

These are the main issues that are commonly at stake in a contested divorce:

Property and Debt Division: Arizona is a community property state, meaning that most assets and debts acquired during the marriage are subject to equal division upon divorce. Disputes over the value and division of property can arise, necessitating thorough investigation and negotiation. We are committed to ensuring that your interests are represented and that you receive a fair share of marital assets.
Child Custody and Visitation: Determining where the children will live and how parenting responsibilities will be shared can be one of the most emotionally charged aspects of a contested divorce. Our team will work diligently to advocate for arrangements that prioritize the best interests of the children while also protecting your rights as a parent.
Spousal Maintenance: Disagreements regarding spousal support can significantly impact both parties. Factors such as the length of the marriage, the financial situation of each spouse, and the standard of living during the marriage all play a role in determining support obligations. Our legal team will assess your situation to advocate for an equitable arrangement.
Child Support: Like spousal support, child support is often a point of contention in contested divorces. Calculating the appropriate amount involves various considerations, including the income of both parents, the needs of the children, and any special circumstances. We will ensure that child support arrangements are fair and align with Arizona's guidelines.

Ensuring the settlement is fair should be a top priority and a spouse may have to appeal the initial decision or pursue a modification down the line if it is no longer reflective of the family’s needs. Furthermore, when it comes to matters of child custody and support, the judge will always rule in what they believe to be the child’s best interest.

Contested Divorce Requirements in Arizona

Understanding the requirements and processes involved is essential for navigating this often complex legal landscape. Our Mesa contested divorce attorney can give you personalized advice on these matters:

Residency Requirements

To file for divorce in Arizona, at least one spouse must have been a resident of the state for at least 90 days before initiating the divorce proceedings. This residency requirement ensures that Arizona courts have jurisdiction over the case.

Grounds for Divorce

Arizona recognizes both "no-fault" and "fault" grounds for divorce, although most cases proceed under the no-fault option. The primary grounds for divorce in Arizona include:

Irretrievable Breakdown: This is the most common ground, where one or both spouses assert that the marriage has irretrievably broken down.
Incompatibility: A claim that the spouses can no longer live together harmoniously.

Filing the Petition

The process begins when one spouse files a Petition for Dissolution of Marriage with the appropriate court. This document outlines the grounds for divorce and details regarding custody, support, and asset division. The filing spouse is referred to as the "petitioner," while the other spouse is the "respondent."

Serving the Respondent

After filing, the petitioner must serve the divorce papers to the respondent. This ensures that the other spouse is officially notified of the divorce proceedings. The respondent has 20 days (or 30 days if served outside of Arizona) to file a response to the petition.

This response may include their position on issues like child custody, property division, and support.

Discovery Process

Once the response is filed, both parties enter the discovery phase, where they exchange information and gather evidence relevant to the case. This may include financial documents, records of assets, and information related to child custody. Thorough preparation during this phase is crucial, as it can significantly impact the outcome.

Don’t face this challenge alone! Reach out to our Mesa contested divorce lawyer at (480) 526-4614or contact us online now to protect your rights and interests.

Negotiation and Mediation

Before moving to trial, the parties may engage in negotiation or mediation to resolve disputes amicably. Mediation involves a neutral third party who facilitates discussions, helping both spouses work towards a mutually agreeable resolution. If successful, this can save time, reduce costs, and minimize conflict. Our Mesa lawyers can serve as mediators.

Trial

If the parties cannot reach an agreement, the case will proceed to trial. During the trial, both spouses present their arguments and evidence before a judge, who will make final determinations on contested issues. The judge's decision is binding and will outline custody arrangements, support obligations, and property division.

Final Decree of Dissolution

Following the trial, the court will issue a Final Decree of Dissolution of Marriage, which formalizes the terms of the divorce. This decree will address all contested issues and provide clear instructions for both parties moving forward.

Why Preparing for Court Is So Crucial?

Many individuals don’t realize how important it is to make a good impression in court, especially when issues like property division, child custody, and spousal maintenance are on the line. Using the courtroom to air the other spouse’s dirty laundry or make emotional jabs may be appealing, however, it is in your own interests to resist acting out in such a manner. By composing yourself before getting into court, you can ensure that your best self is presented.

When making a decision on a settlement, a judge will often be assessing each spouse’s character. If you feel that your spouse is being deceitful or dishonest, it is best to let your Mesa contested divorce attorney present the facts and evidence when necessary to avoid getting into a battle of “he said, she said.” Most divorces involve heated emotions, but keeping a level head throughout the process can help you reap great benefits.

Why Choose Us?

Attorney C. Cole Bastian is a seasoned legal professional with over 20 years of experience in family law. As a judge pro tem in Mesa, he brings invaluable insight into the complexities of contested divorce cases, ensuring that you receive informed and strategic representation. Attorney Bastian is dedicated, honest, and compassionate, qualities that guide his approach in every case.

Our commitment to client communication sets us apart. We prioritize keeping you informed about the progress of your case, ensuring that you are always aware of what to expect. By working diligently to minimize your stress and providing honest assessments at every step, we strive to create a supportive environment during this difficult period.

With our comprehensive understanding of family law and a focus on your best interests, you can trust us to advocate effectively for you in your contested divorce.

Don’t head into this battle without a legal representative! Call our Mesa contested divorce lawyer at (480) 526-4614 or contact us online today to safeguard your rights.