Scottsdale Contested Divorce Lawyer Delivers Effective Counsel 

Diligent Arizona attorney litigates divorce terms when couples can’t agree

Whenever possible, divorces should be obtained with a minimum of combativeness and stress. However, there may be issues upon which a couple cannot agree, even with mediation. At Clark & Schloss Family Law, P.C., our Scottsdale contested divorce lawyers know how to use litigation to advocate for satisfactory outcomes in property division, alimony, child custody and other matters related to marriage dissolution. We represent people in Maricopa County and throughout Arizona. 

Key issues that lead to contested divorce in Arizona

Conflicts often arise in the following areas of divorce:

  • Division of property and debts, including which assets and liabilities are jointly owned 
  • Child custody and visitation (legal decision-making and parenting time)
  • Child support payments and the amount and duration of spousal maintenance (alimony)

Most spouses are not contesting a divorce on the basis of the grounds asserted, since almost all Arizona marriage dissolutions are no-fault (based on the marriage being irretrievably broken).

Community property division in Scottsdale divorces 

Arizona is a community property state. This means that assets and debts acquired during marriage are considered jointly owned. However, this does not necessarily mean they are equally divided in a divorce. A state statute requires that all property held in common must be divided “equitably,” which means allocating assets and debts fairly under the circumstances. If there are large or complex assets, such as real estate or business investments, expert valuations may be required to ensure an equitable division. Conflicts can arise when spouses disagree on whether property is co-owned, since assets owned before marriage or gifted to or inherited by one spouse are deemed separate property unless commingled. 

Child custody and parenting time disputes 

When there are children of the marriage, arrangements must be made for where they will live and who will make legal decisions for them. This is often a contested aspect of divorce. The courts do not favor one parent in deciding on custody and parenting time. Rather, they determine what arrangements will be in the children’s best interests. Custody (legal decision making rights) is typically granted jointly to both parents. Maricopa County judges favor parenting time plans that give children significant time with both parents, unless there is a reason not to do so, such as abuse or neglect. Our divorce lawyer in Scottsdale will advocate for your parental rights consistent with the interests of your children. 

Spousal maintenance and financial support conflicts 

Alimony is known as maintenance in Arizona. A spouse may be awarded temporary alimony during the divorce and spousal maintenance afterward. Some of the factors the court considers when deciding whether to award spousal maintenance include:

  • The length of the marriage
  • Age and health of spouses
  • The financial need of the spouse requesting maintenance
  • The ability of the other spouse to pay
  • Whether a spouse has significantly contributed to the other spouse’s career
  • Whether either spouse reduced their own opportunities to the other’s benefit 

Our firm can assist you whether you are seeking maintenance or disputing it. 

The contested divorce court process in Maricopa County

A contested divorce follows these steps:

  • Filing the marriage dissolution petition with the court 
  • Serving the other party with the petition
  • Exchanging information through discovery and depositions 
  • Settlement or trial of the case 

We prepare your case thoroughly and take all actions needed to protect your rights during the process. Wherever feasible and just, we will seek a resolution that does not require going to trial.

Contact our Maricopa County lawyer for help with your contested divorce 

At Clark & Schloss Family Law, P.C., with offices in Scottsdale, we represent spouses in all phases of Arizona contested divorce. Call us at 602-789-3497 or contact us online to arrange a consultation.