Contested Divorce FAQ

A divorce is considered contested in Arizona when spouses cannot reach a mutual agreement on one or more significant issues, such as the division of community property, legal decision-making authority, parenting time, or spousal maintenance. Because Arizona requires only one ground for dissolution—irretrievable breakdown of the marriage—the dispute is rarely about whether to divorce, but about the terms. These unresolved issues require court intervention or mediation to resolve, significantly increasing the time and cost of the process.

A contested divorce in Arizona typically takes between 6 and 18 months to finalize, though complex cases involving significant assets or custody disputes can take longer. Arizona's mandatory 60-day waiting period begins from the date the respondent is served and cannot be waived under any circumstances. Factors like court scheduling, the complexity of financial disclosures, and whether mediation is required all affect the total timeline.

Contested divorces in Arizona are significantly more expensive than uncontested ones, typically ranging from $15,000 to $30,000 or more in total costs, primarily driven by attorney fees. By comparison, a DIY divorce costs roughly $400–$600 in filing fees, and an attorney-assisted uncontested divorce runs $1,500–$3,500. The more issues that remain unresolved—property, children, support—the higher the costs climb, making early negotiation or mediation a financially wise strategy.

You must file your Petition for Dissolution of Marriage at the Superior Court in the county where you or your spouse currently resides. Arizona requires that at least one spouse has lived in the state for a minimum of 90 days before filing. Each county's Superior Court has its own local rules and filing procedures, so it's important to verify the specific requirements with the court clerk in your county.

In many Arizona counties, mediation is either required by the court or strongly encouraged before a judge will hear contested issues, particularly those involving children. Mediation gives both parties a structured opportunity to reach agreements with the help of a neutral third party, which can reduce both costs and emotional conflict. If mediation fails or is waived by the court, the case proceeds to trial where a judge makes the final determinations.

Arizona is a community property state, meaning all assets and debts acquired during the marriage are presumed to be jointly owned by both spouses and subject to division upon dissolution. In a contested divorce, if the spouses cannot agree on how to divide community property, the Superior Court will divide it equitably—which typically means equally, but not always if circumstances warrant otherwise. Separate property, such as assets owned before marriage or received as a gift or inheritance, generally remains with the original owner, though commingling assets can complicate this distinction.

Just like assets, debts accumulated during the marriage are generally treated as community property in Arizona and divided between both spouses. In a contested proceeding, the court will assign responsibility for debts based on factors such as who incurred the debt and for what purpose. It's important to note that creditors are not bound by divorce decrees—if your spouse is ordered to pay a joint debt and defaults, the creditor may still pursue you, so refinancing or closing joint accounts is advisable.

Yes. Arizona courts may award spousal maintenance when one spouse lacks sufficient property or earning ability to meet their reasonable needs, or when one spouse significantly contributed to the other's career or education. In a contested divorce, if the parties cannot agree on maintenance terms, the judge will determine eligibility, amount, and duration based on factors including the length of the marriage, each spouse's financial resources, and the standard of living during the marriage. Longer marriages generally result in longer maintenance awards.

Yes, retirement account contributions made and stock options granted during the marriage are considered community property in Arizona and must be divided in a contested divorce. Dividing retirement accounts typically requires a Qualified Domestic Relations Order (QDRO), a separate legal document that instructs the plan administrator on how to split the account. Failing to address these assets carefully can result in significant tax penalties and financial loss, so legal guidance is strongly recommended.

Arizona uses the terms 'legal decision-making' (the right to make major decisions about a child's upbringing) and 'parenting time' (physical time with the child) instead of 'custody.' In a contested divorce, if parents cannot agree on a parenting plan, the court will create one based on the best interests of the child, considering factors such as the child's relationship with each parent, the child's adjustment to home and school, and each parent's willingness to facilitate the other's relationship with the child. A parenting plan is required in all divorces involving minor children.

An Arizona parenting plan must address both legal decision-making authority and a detailed parenting time schedule, including holidays, school breaks, and procedures for handling disputes. In a contested divorce, if parents submit competing parenting plans, the judge evaluates each proposal against the child's best interests standard and may appoint a parenting coordinator or guardian ad litem to assist. The more detailed and child-focused your proposed plan, the more favorably the court is likely to view it.

Arizona law requires a parent wishing to relocate with a child to provide the other parent with at least 45 days' written notice before the planned move. The other parent has the right to petition the court to prevent the relocation, and the judge will evaluate whether the move is in the child's best interests. Relocation disputes can be among the most contentious post-divorce proceedings, making it essential to document your reasons and consult an attorney before providing notice.

Arizona is one of only three states that offer covenant marriage, which is a legally distinct form of marriage requiring premarital counseling and a commitment to seek marital counseling before divorce. If you entered a covenant marriage, the grounds for divorce are more limited than for a standard marriage—irretrievable breakdown alone is generally not sufficient, and you must prove specific fault-based grounds such as adultery, abandonment, or abuse. If you are unsure whether your marriage is a covenant marriage, review your marriage license, as it will be clearly designated.

Prolonged parental conflict is one of the most significant risk factors for children's emotional and psychological health during and after a divorce. Arizona courts take the impact of parental disputes on children seriously and may order co-parenting classes or appoint a parenting coordinator to reduce ongoing conflict. Keeping disputes out of earshot of children, maintaining consistent routines, and seeking professional counseling for both yourself and your children can significantly mitigate the emotional toll of a contested proceeding.