One of the biggest factors that determines how long your divorce will take and how much it will cost is whether your case is contested or uncontested. Understanding the difference between these two paths is essential for anyone going through a divorce in Arizona, and the award-winning attorneys at Genesis Legal Group are here to help you figure out which route makes the most sense for your situation.
An uncontested divorce is the simplest and fastest way to end a marriage in Arizona. It means that both spouses agree on every aspect of the divorce. When we say everything, we mean everything: property division, debt allocation, spousal maintenance, and if children are involved, the parenting plan, legal decision-making authority, and child support. If both parties can reach a full agreement, an attorney can draft a settlement document called a consent decree. After the mandatory 60-day waiting period, the consent decree is submitted to the court, the judge signs it, and the divorce is finalized without either party ever having to appear in a courtroom.
In the best-case scenario, an uncontested divorce in Arizona can be completed in roughly 70 to 75 days. That timeline includes the 60-day mandatory cooling-off period plus the additional time needed for document preparation, filing, and court processing. For many couples, this is the ideal outcome because it saves time, money, and emotional energy.
However, not all divorces are that simple. When spouses cannot agree on one or more key issues, the case becomes contested. Contested divorces involve a much longer process that can include discovery, depositions, temporary orders, and potentially a full trial. The most difficult part of a contested case is often not the legal issues themselves but the parties involved. If your soon-to-be ex-spouse is unwilling to negotiate or compromise, the process can drag on significantly.
On average, a contested divorce in Arizona that goes all the way to trial takes somewhere between 9 and 18 months to finalize. During that time, both parties will incur legal fees, court costs, and the emotional toll that comes with prolonged litigation. That is why the attorneys at Genesis Legal Group always encourage clients to consider settlement options throughout the process. Settling does not mean giving up or backing down. It simply means finding a resolution that works for both sides without leaving the decision in the hands of a judge.
Arizona's family courts recognize the value of settlement as well. In fact, most family court judges in Arizona require the parties to participate in some form of mediation or settlement conference before the case can proceed to trial. There are two main options for this process.
The first option is private mediation. In a private mediation, both parties and their attorneys sit down with a neutral third party, typically a highly experienced family law attorney or even a retired judge, who helps facilitate negotiations and guide the conversation toward resolution. Private mediation allows for more flexibility in scheduling and can sometimes move faster than court-based options.
The second option is a settlement conference through the court system. In this scenario, the judge assigns a mediator, usually an experienced family law attorney, to work with the parties. The settlement conference serves the same purpose as private mediation: bringing both sides together with their attorneys and a neutral facilitator to work through the issues they are stuck on.
The value of mediation and settlement conferences cannot be overstated. These processes give you a voice in the outcome of your case. Instead of leaving critical decisions about your children, your finances, and your future up to a judge who may not fully understand the nuances of your family, you have the opportunity to negotiate terms that work for your specific situation. When parties reach an agreement through mediation, they are often more satisfied with the outcome and more likely to follow through on the terms of the decree.
It is also worth noting that even in contested cases, many issues get resolved along the way. A case might start out heavily contested, but through negotiation, mediation, and the discovery process, the parties may find common ground on most issues, leaving only a few for the court to decide. This hybrid approach can significantly reduce the time and cost of litigation.
No matter where your case falls on the spectrum, Genesis Legal Group has the experience and dedication to guide you through it. Our team of award-winning lawyers has 100+ years of combined experience handling Arizona divorces of all kinds. We are committed to fighting for our clients while also recognizing when settlement is the smarter, more strategic path.
