A divorce is an emotionally exhausting, heartbreaking process, and the legal proceedings only make it harder. The complexity of divorce varies from case to case. A contested divorce occurs when you and your former partner cannot agree on some or all aspects of your split. Learning what to expect from a contested divorce can help you prepare for the legal process ahead.
Having a divorce attorney by your side is in your best interest if you are going through a contested divorce. A lawyer can assess your situation and help you decide what your legal options are based on your circumstances. Protecting your assets during a contested divorce can also be achieved with the assistance of a seasoned legal professional.
In certain cases, mediation or arbitration may be the best way for you and your spouse to resolve the issues you are facing. Alternatives to litigation involve a neutral third party helping you and your partner communicate and reach a settlement. If you cannot reach an agreement on any issue, you will have to resort to litigation. In court, a judge will decide on the issues at hand.
A lawyer will craft a detailed strategy to defend your interests and advocate for your needs if your divorce case proceeds to litigation. For your attorneys to understand the marital property at hand, both of you must complete a financial disclosure. Additionally, you should discuss your disputes with your attorney so that they can gather evidence and create a strong legal argument on your behalf.
Steps in a Contested Divorce in Arizona
There is a high likelihood that a contested divorce in Arizona will take one to two years to complete, and this is because spouses are unable to agree on key divorce tenets such as child custody, child support payment amounts, spousal support payment amounts, and how assets and debts should be split in the divorce.
Step 1: Discovery
A divorce in Arizona begins with discovery, in which the Phoenix divorce lawyers on both sides will sit down to verify and discuss the assets, debts, and income of both spouses combined. Using this information, the divorce lawyers can determine which assets will be given to which spouses, who will be assigned what debts, and who, if either spouse, will be required to pay spousal support and the amount of that support.
In addition, your Arizona divorce lawyer will communicate with your soon-to-be-ex-spouse’s attorney to determine who will be in charge of the child(ren), who will be responsible for making decisions for the child(ren), and how much child support will be required until the child(ren) reaches the age of 18. Many Arizona divorces are slowed down at this critical stage because a spouse may contest or disagree with the decisions regarding custody, financial support for the child(ren), or alimony to be paid by one spouse to the other before being counseled by their dissolution of marriage attorneys.
Step 2: Calling of Expert Witnesses to Testify in Court
In a divorce proceeding, expert witnesses can testify regarding nearly every aspect. Expert witness determines who should have custody of the children based on how much time each spouse spends with the child(ren) and how involved each spouse is in their activities and education. In terms of child custody, the expert witness recommends based on an in-depth evaluation of the family, what activities they do on a regular basis or semi-regular basis, and which spouse generally takes care of medical, educational, and religious needs and activities for the child(ren).
The court may also ask financial experts to testify about joint assets and financials. Experts may be called to testify to determine child custody, as well as to evaluate and determine how much each spouse earns, and to clarify the value of any business(es) one or both spouses own. The amount of time it takes to complete the divorce process can be greatly affected by the financial evaluation conducted by an expert such as a forensic accountant or other type of expert witness, and in most cases, it will take another eight months for such witnesses to be called.
Step 3: Waiting for the Judge to Hear Your Case
Arizona civil judges schedule divorce trials many months in advance — which means that even if you have been diligent enough to call for expert family and/or financial witnesses and have patiently waited for them to be ready to testify, the judge will likely not be able to see you as soon as this process is done. It will likely take another six months for him or her to attend your divorce trial.
Step 4: Setting a Court Date for Your Divorce Trial
When expert witnesses have evaluated your family and finances to determine asset and debt divisions, spousal support, and child custody and support, but you and your spouse still disagree on these issues, your Arizona divorce case will have to go to trial, and the scheduling of that trial date can be affected by several factors, including:
Whether you’re going through or are about to undergo a financially complex divorce, or one fraught with disagreements between you and your spouse about child custody, you need an Arizona contested divorce attorney on your side. Get in touch with Willison Law, PC today, whether you’ve tried negotiation and failed, or you’re just getting started and know you’re up against an uphill battle.
The complexities of Arizona divorce, including child custody and support, are well understood by our team. If you want more time with your kids or have to pay spousal support that is commensurate with what experts research and reveal about your divorce case, we’ll fight aggressively on your behalf to ensure you get what’s fair and equitable in your divorce.
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