Phoenix Contested Divorce Attorney
Standing up for Your Interests During the Divorce Process
Each divorce is different, and the way the divorce process unfolds often has a lot to do with how the marriage relationship deteriorated. While some spouses agree to cooperate and obtain a divorce as quickly as possible without court intervention, many couples unsurprisingly cannot agree on all the major issues. When this happens, you have a contested divorce, which often requires more time and effort than an uncontested divorce.
At the law firm of DeShon Laraye Pullen PLC, we represent clients in all types of divorce cases, from the relatively simple to adversarial battles. We work to ensure our clients receive a favorable and fair outcome in their divorce under Arizona law. Call today for more information.
Contested Divorce Cases
When a divorce is “contested,” it means that one or both spouses do not agree to certain terms of the divorce. First, contested divorces are common when the petitioning spouse cites specific fault-based grounds for the divorce. In Arizona, the law gives spouses in certain situations the option to allege fault for the breakdown of the marriage, including the following:
- Physical or sexual abuse
- Alcohol or drug abuse
- Separation for two years or longer
When one spouse alleges fault, you may expect that the other spouse will deny the allegations. This disagreement requires the petitioner to prove the fault-based grounds in court.
Not every divorce in Arizona is fault-based, however. In fact, most divorces are no-fault, citing that the marriage is irretrievably broken. In this case, no one has to prove the reasons for the breakdown of the marriage. Your attorney can help you determine whether it is in your best interests to file for a fault-based or no-fault divorce.
Even if both spouses agree to the divorce, they still may disagree on how to resolve one or more issues in the divorce process. Common issues that may be contested include:
- Child custody arrangements
- Division of property and debts
- Spousal support
While high asset divorces tend to have more complex and contested issues, any divorce can involve disputes over one or more aspects of the divorce settlement. If you cannot agree, you need the help of an experienced attorney right away to ensure you get the outcome you deserve.
Resolving Contested Divorces
Just because you cannot agree on certain issues at the start does not mean you are destined for a long, drawn-out battle in court. With the right legal assistance, spouses can often reach an agreement during the divorce process before their case has to go to trial. The following are some ways our divorce attorneys in Phoenix work to resolve contested divorces:
- Negotiation – When each spouse hires a divorce lawyer, we can speak with the other lawyer to try to find middle ground. With legal counsel reviewing your situation and advising your spouse, they can often realize their position is unreasonable, which can lead to compromise. At any point during the process, you can reach an agreement and we can write up a settlement. We then submit the settlement to the court and, if the court finds it reasonable under the law, your divorce may proceed without additional hearings needed.
- Mediation – Even if informal negotiation does not work, mediation is a tool that can be helpful in many divorce cases. A third-party mediator will review the facts of your case and help to facilitate discussion and cooperation. Through these mediation sessions, many spouses can reach an agreement. You always want your divorce attorney present during mediation to ensure you do not agree to something that goes against your best interests. If you reach a mediation agreement, it will be a legally binding contract.
- Litigation – Some contested divorces cannot reach a resolution without going to court. For example, if your spouse refuses to agree to any type of reasonable settlement offer, you should not agree to go along with them if it goes against your rights. In this situation, you may need to stand up for your rights in court. Each side presents its case to the judge, who then makes a decision on the issue. With litigation, you have no control over the outcome, so you should always try to resolve matters out-of-court when possible, to keep your future in your own hands.
Some arguing spouses are able to eventually agree, while some require court intervention. No matter what path your divorce takes, our Phoenix divorce lawyers are experienced negotiators and litigators, so we will do what is needed to resolve your divorce in a favorable manner.
Advocates for Your Rights in a Contested Divorce
Divorce is already a stressful process, and it can become more complicated when emotions get in the way. It is only natural for one or both spouses to be upset or defensive, which often leads to contested issues. You need someone on your side who can objectively evaluate your position and advise you of your best options.
While our goal is always to resolve a divorce in the most efficient manner possible, not every case reaches a voluntary agreement. Some contested divorces go to trial, and you need a skilled litigator at your side to present your side of the case in a persuasive manner. Our attorneys will stand by you no matter how many twists and turns occur in your divorce. We will always advise you of your options and help you decide which path is necessary for your divorce case.
Contact a Phoenix Divorce Lawyer Who Will Fight for Your Rights
Divorce is difficult enough when spouses agree to work together. The process can be extremely emotionally stressful when a spouse refuses to cooperate and compromise. It is critical to have the right legal advocate fighting for your future, including your financial situation and your relationship with your children.
If you are facing divorce, the attorneys at DeShon Laraye Pullen PLC can help. Call (800) 409-0262 or contact us online to discuss how we can help in your divorce or family-related case.