Arizona is a no-fault divorce state. Except for covenant marriages, neither spouse needs to prove wrongdoing to file for divorce. They need only state that the marriage is "irretrievably broken" — that is, there is no reasonable chance of reconciliation. However, a divorce can still be contested when the parties cannot agree on one or more key issues such as child custody, property division or spousal maintenance. This can significantly increase the timeline for completing the divorce. 

Compared with a summary consent decree, which usually can be completed within 90 days, a contested divorce can go on for several months. The duration varies depending on the complexity of the issues, the court's schedule and the willingness of the parties to negotiate. Below is an overview of the typical steps involved and the general time each step may take:

• Mandatory waiting period — The process starts with one spouse filing a Petition for Dissolution of Marriage with the court and serves it on the other spouse. There is then a 60-day “cooling off” period that must be observed before the divorce can proceed.

• Temporary orders — Either party can request temporary orders from the court covering child custody, child support, spousal maintenance or use of marital assets. A hearing on these orders can be scheduled a few weeks to a few months after the request, depending on court schedules.

• Discovery — Both parties can exchange information relevant to the case, including financial documents, property valuations and other pertinent data. Discovery can range from two to six months depending on the cooperation of the spouses and the complexity of their assets.

• Settlement negotiations — Spouses are encouraged to negotiate a settlement to avoid going to trial. These negotiations can take place informally between the parties and their attorneys or through formal mediation. How long this will take depends on the willingness of the parties to compromise and the complexity of the issues at hand.

• Trial — If settlement negotiations fail, the divorce will proceed to trial. The trial itself may last only a few days, but scheduling a trial can take several months due to court backlogs.

• Final decree — After the trial, the judge will issue a final decree of dissolution of marriage, which outlines the division of assets, custody arrangements, and any support obligations. The issuance of the decree might take a few weeks following the trial.

Overall, a contested divorce in Arizona can take anywhere from several months to over a year, with an average duration of about six to 12 months. There are ways to accelerate certain stages of the process through effective advocacy and negotiation by an experienced Arizona divorce attorney. The avoidance of a trial can drastically reduce the total timeframe.

At Clark & Schloss Family Law, P.C. in Scottsdale, our experienced attorneys protect your rights at every stage of an Arizona contested divorce while working for as prompt a resolution as possible. Call us at 602-789-3497 or contact us online to set up a consultation.