Contested and Uncontested Divorce

Contested and Uncontested Divorce

Contested and Uncontested DivorceGoing through a divorce is a stressful process. Our experienced Phoenix divorce attorneys are here to ease your burden during what can often be an overwhelming period. Here is some important information on contested and uncontested divorce in Arizona.

Contested and Uncontested Divorce | What’s the Difference?

In Arizona, divorces may be contested or uncontested. When a divorce is uncontested, it means that the spouses both agree that a divorce is in their best interest and they agree to the terms of the divorce. This includes how assets and debts will be divided, whether alimony will be paid, and custody and visitation of any minor children.

When a divorce is contested, it could mean that one of the spouses plans to fight the divorce proceedings. It could also mean that the two spouses cannot agree on any of the matters that must be settled. It could be both. When a divorce is contested, a Phoenix divorce lawyer helps their client skillfully navigate the process to ensure that they end up in the best possible shape at the end of the divorce.

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Contested and Uncontested Divorce | Community Property State

Under state law, real and personal property that is purchased or otherwise acquired during the marriage is considered community property. This means that it is owned jointly (50/50) by the husband and wife. This isn’t just limited to the marital home or the family car. It includes, but may not be limited to, the following items if they happened during the marriage:

  • Starting a new business.
  • Acquiring ownership interests in a business, land, real estate, etc.
  • Investing accounts and brokerage accounts.
  • Your salary, earnings, bonuses, or income.
  • Your retirement accounts; including pensions.
  • Dividends paid.
  • Real estate or raw land.
  • Assets such as boats, cars, motorcycles, four-wheelers, art, furniture, and other property.
  • Debts accumulated during the marriage.

Generally, the assets are divided 50/50. In instances where that isn’t possible, such as a home or a car, one spouse may be required to buy out the interest of the other spouse. Equalization payments, a payment made to a spouse to represent 50% ownership, can also be used in business and real estate.

If you are having any issues with contested and uncontested divorce in Arizona, please contact our experienced Phoenix divorce lawyers today to schedule a free consultation.


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