What does a contested divorce mean in AZ?

New York is the only state remaining where a party can actually contest (challenge) the grounds for the divorce. In every other state, the issue of the divorce itself (the reasons for the divorce) are not really a factor.
However, whenever a spouse says they are going to contest a divorce, it usually means that there are unresolved issues concerning child custody or financial matters. These issues certainly can be disputed between the parties, and depending on the lawyers involved, can get quite heated. People going through a divorce, especially if they have children, need to sit down and talk about what issues they can agree on, even before they visit a lawyer. This means that two parents who care about their children, and want to avoid a protracted court battle on how they will be raised and what the parenting schedule will be should at least attempt a discussion on how to resolve that between themselves. As to financial issues, the laws vary in every state, but usually, child support guidelines are set forth in statute. Division of property also can be resolved with a little bit of guidance from a knowledgable lawyer. Before you reach any final agreement on any issue, you should consult with a lawyer. Ask around to find a lawyer who is compassionate, experienced, and with a reputation for resolving cases, not litigating them.

Arizona is a no fault divorce state, which means you do not have to allege fault or wrong doing to get a divorce. However, there may still be disagreements about how to divide up the assets and debts of the marriage, and how to parent the children after the divorce. Calling it a contested divorce, usually means there is some disagreement about these things, although there can be other issues is dispute. To determine your rights in a divorce, you should consult with an attorney.
Sincerely,
Judy Morse

Basically, it means that the other spouse does not want the divorce. Since you're in Arizona, sadly, unlike NY where you must establish a legitmate reason to end your marriage, in Arizona you don't have to have a reason to get divorced, just that you woke up and decided this was no longer right for you.

That being said, though you don't need a reason, you will still have to split the things you and your spouse have accumulated over the time you were married, including the kids.

Contested divorces can get messy if one of the parties is unreasonable. While you should most definitely consult with a competent attorney well versed in contested matrimonial actions, you should also do your own homeowork before making any moves.

Asking questions here was a good start.

Read everything you can get your hands on. Join a support group. Talk to others who may have divorced in your area. Get a recommendation for an attorney suited to your needs. Learn the language, go to the Courthouse and watch some contested divorce cases. Learn first, get your ducks in a row and then make this step, if you must.

Be reasonable with your spouse, be fair, remember you married this person and absent violence, leaving in chaos does no one any good.

This communication is gratuitously submitted to a listservice. It is not intended as legal advice and shall not be relied upon as such by any recipient.

Actually, for well over 95% of the people here in Arizona, a contested divorce merely means that they may be disputing the terms of the proposed settlement. We are a no-fault state and don't take bad acts into consideration when making asset/debt division. There are exceptions for marital waste, though.

For a very select few, Arizona has a "covenant marriage" provision that people can opt into. If you opted into a covenant marriage, you need to have cause to be granted a divorce. If there is no cause, you just need to live apart for a long period of time.

If you have any questions, please call me. I'm a divorce attorney in Gilbert, AZ.

In Arizona, and among lawyers, it means simply that one spouse doesn't want to cooperate on issues and you could be in for a fight. Given that most financial rights in Arizona are fairly well established, prudent spouses and attorneys should be able to reach agreement on these matters. Other matters involving division of certain property and more importantly, parental rights, can be sticking points that turn a divorse into one that is highly "contested".