How Long Does a Contested Divorce Take?
Most couples who decide to end their marriages want to complete divorce proceedings as quickly as possible so they can move on with their lives. Sometimes, though, the circumstances of the split can make it challenging to reach a speedy conclusion.
If you or your spouse can’t agree on all the terms, the case may take longer to resolve than an amicable divorce. But how long does a contested divorce take? Like so many legal issues, the answer is, “It depends.” Some cases may be resolved within a year, while others can take considerably longer depending on the issues involved and the court’s schedule.
An experienced divorce attorney in Phoenix, AZ, can explain the typical timeline and what tends to slow things down. Understanding what can cause delays helps you make informed decisions and avoid unnecessary slowdowns.
What Is a Contested Divorce?
There are two main types of divorce: uncontested and contested.
In an uncontested divorce, both spouses agree on key issues, such as child custody and the division of assets. When both sides reach an agreement, the case may move toward finalization without a trial.
A contested divorce happens when spouses can’t agree on one or more important issues involved in ending their marriage. The disagreement does not have to involve every part of the divorce. Even one unresolved issue that needs to be negotiated, mediated, or decided by a judge can extend the time it takes for the case to settle.
Common areas of disagreement include:
- Property division
- Child custody and parenting arrangements
- Child support
- Spousal maintenance
- Division of debts
- Business interests and other financial assets
In general, cases involving several disputed issues can take longer to resolve.
Arizona Has a 60-Day Waiting Period
Regardless of whether the divorce is contested, Arizona divorce law generally requires at least 60 days to pass after the petition for dissolution is served before the court can enter a decree of divorce. The 60-day waiting period is one of the first timing considerations when estimating how long an Arizona divorce may take.
When someone files a petition to dissolve their marriage, and the responding spouse is served in Arizona, they generally have 20 days to respond. If served outside Arizona, the deadline is generally 30 days. Even if both spouses agree on all issues and the responding spouse answers immediately after being served, the court generally cannot enter the decree until the required 60-day period has passed.
If the spouses don’t see eye to eye, the proceedings will likely take significantly longer than 60 days. The court may establish deadlines for exchanging information and completing other steps. Depending on the circumstances, temporary orders addressing matters such as financial support or parenting arrangements may be necessary while the divorce is pending.
Discovery Can Slow Down the Proceedings
The discovery and disclosure process is another reason it’s impossible to answer “How long does a contested divorce take?” with a precise timeline. The amount of information involved can vary dramatically from one family to another. Reaching a fair settlement or making informed decisions in court generally requires a clear understanding of the relevant financial and family circumstances. You can’t reasonably negotiate property division or support without understanding all the facts.
Straightforward cases may move through disclosure relatively quickly. More complicated cases can take many months. Disputes over missing documents or incomplete information only add to the delays. In some situations, formal discovery may also involve written questions, requests for documents, or depositions.
When one spouse is slow to provide documents or the financial circumstances are complicated, this phase can take significantly longer.
Property Division and Custody Disputes Add Additional Time
Two additional issues contribute to delays in contested divorces: property division and child custody. Things can get complicated when spouses dispute the value or ownership of an asset, such as a home, retirement account, or debt. Arizona generally treats property acquired during the marriage as community property, which is typically divided equitably when a marriage ends. Questions about whether particular property is community or separate can sometimes become a source of disagreement.
Child custody disputes also add time to divorce cases. Disagreements about legal decision making and parenting time for minor children, as well as child support, can be challenging to work out when parents have different views about appropriate arrangements.
If the issue can’t be resolved through negotiation or other dispute resolution methods, the court may need to address it. Some cases may also involve evaluations or expert opinions concerning family dynamics or parenting issues. Combined with the need to collect accurate income information, the divorce timeline can extend for months.
Some contested divorces require outside experts to resolve disputed facts. A financial professional may be asked to evaluate a business or analyze complicated records. In other cases, a professional may provide information relevant to parenting or child-related disputes.
These evaluations can take several months, depending on the issues involved and the amount of information that must be reviewed.
What Happens if the Case Goes to Trial?
If spouses cannot reach a settlement agreement on the remaining issues, the case may proceed to trial. This is often the longest stretch of the entire divorce timeline. The timing of a trial depends on the court’s procedures, the status of discovery, any necessary expert work, and the complexity of the case.
Court calendars are busy, so a trial may not happen immediately after the parties finish preparing their case. There may also be a significant wait for an available trial date, depending on the court’s calendar. The trial itself may be relatively short or may take multiple days.
A contested divorce can become uncontested and avoid trial if the spouses reach an agreement on all remaining issues through dispute resolution, such as negotiations or mediation. This doesn’t mean the divorce ends immediately, as court procedures and the required waiting period still apply. However, resolving the disputed issues can eliminate the need for a lengthy trial process.
What Is a Realistic Divorce Timeline in Arizona?
Taking all of this into account, it’s easy to see why there’s no simple answer to “How long does a contested divorce take?” In general, less complicated cases with relatively few disputes may be completed in under a year. More involved cases can sometimes take 18 to 24 months or longer.
Several factors can affect the timing, including:
- The number of disputed issues. A case involving one relatively narrow disagreement may move differently from one involving property, support, custody, and business disputes.
- Financial complexity. Multiple properties, businesses, retirement accounts, investments, or complicated income can require more investigation.
- Communication between the spouses. When both sides respond promptly and provide requested information, the case may move more efficiently.
- Discovery disputes. Disagreements about documents or financial information can slow the process.
- Expert involvement. Evaluations and expert reports can add months to a case.
- Court availability. Even when the parties are ready, the court’s schedule can affect when hearings or a trial take place.
For these reasons, a lawyer can discuss the expected timeline of a particular case, but an exact completion date is usually impossible to predict at the beginning.
How Can You Keep Your Divorce Moving?
There’s no way to guarantee a fast contested divorce. However, staying organized can, at the very least, help avoid unnecessary delays. Other practical ways to shorten a contested divorce include the following:
- Turning over financial documents promptly
- Staying open to mediation
- Keeping communication through attorneys focused on facts
- Being realistic about which issues require continued litigation and which may be suitable for compromise
None of these steps guarantees a faster outcome, but they may help reduce avoidable delays.
It’s also important to understand the difference between moving efficiently and rushing important decisions. A settlement reached without fully understanding the financial or parenting issues may create problems later.
When Should You Talk to an Arizona Divorce Lawyer?
Navigating a divorce is challenging enough without dealing with the unknown of when it will all be over. Understanding contested versus uncontested divorce is a good starting point, since it can help you and your spouse make decisions without unnecessarily dragging things out.
Every contested divorce is different, and a more specific estimate generally requires reviewing the case details with an Arizona family law attorney. They can review the circumstances of the marriage, explain the applicable Arizona divorce laws, identify issues that may require attention, and discuss the steps to move the case forward.
Ultimately, the answer to “How long does a contested divorce take?” depends on multiple factors, some that you can control (like your willingness to compromise) and some you can’t (like the court’s schedule). Speaking with an Arizona family law attorney early in the process can help you understand the issues and your options for moving forward.
Lincoln & Wenk assists clients with family law matters and can explain how the circumstances of a particular case may affect its timeline. To discuss a contested divorce with the firm, call (623) 294-2464 to request a consultation.