Uncontested vs. Contested Divorce in Arizona: What You Need to Know
Key Takeaways
- An uncontested divorce means both spouses agree on every issue. A contested divorce means at least one issue needs a judge to decide.
- Uncontested divorces typically take 90 to 120 days and cost $600 to $1,500. Contested cases take 6 to 18 months and cost $15,000 to $50,000+.
- Arizona requires a 60-day waiting period for all divorces, starting when your spouse is served.
- Mediation can help a contested case become uncontested, saving significant time and money.
- Clarity Divorce is built specifically for uncontested cases in Arizona.
Every Arizona divorce falls into one of two categories: uncontested or contested. Which one you are dealing with determines how much it will cost, how long it will take, and how much stress you will carry through the process. Understanding the difference early helps you make better decisions from day one.
What Makes a Divorce "Uncontested"?
An uncontested divorce means you and your spouse agree on everything the court needs to finalize your case. Not just the big stuff, all of it:
- Property and asset division. Who gets the house, the cars, the bank accounts, the retirement funds.
- Debt allocation. Who takes responsibility for the mortgage, credit cards, car loans, and any other shared debt.
- Child custody. Both legal decision-making (who makes major decisions about the kids) and parenting time (the schedule). Our covers this in detail.
- Child support. The calculated amount based on Arizona's guidelines.
- Spousal maintenance. Whether one spouse pays support to the other, and if so, how much and for how long.
If you agree on all of these points, your divorce is uncontested. The process is administrative: you file paperwork, wait the required period, and a judge signs off.
What Makes a Divorce "Contested"?
A contested divorce happens when you and your spouse cannot agree on at least one issue. It does not have to be a major disagreement. Even a single point of conflict over who keeps a vehicle or how parenting time is split makes the case contested.
Once a judge needs to step in and make decisions for you, the process shifts from paperwork to litigation. That means attorneys, discovery (formal exchange of financial records and evidence), negotiation, and potentially a trial.
How the Two Paths Play Out
The Uncontested Process
- File the Petition. One spouse files the Petition for Dissolution of Marriage with the county Superior Court.
- Serve your spouse. The other spouse receives the paperwork through formal service or signs an Acceptance of Service.
- 60-day waiting period. Arizona's mandatory cooling-off period starts the day after service.
- Exchange financial disclosures. Both spouses complete the , a sworn document detailing income, expenses, assets, and debts.
- Submit a Consent Decree. This is your final agreement covering every term of the divorce. Both spouses sign it and submit it to the court.
- Judge signs off. A judge reviews the Consent Decree to confirm it is fair, then signs it. Your divorce is final.