How Long Does a Divorce Take in Arizona?
Scottsdale attorney strives for quick and thorough marriage dissolution
A common question among people ending their marriages in Arizona is how long it takes to get divorced. There is no simple answer, since the length of a case is determined by its particular characteristics, such as whether there are disputes over financial or parenting issues. Nevertheless, certain reasonable estimates can be made. At Clark & Schloss Family Law, P.C. in Scottsdale, we will guide you through divorce on the most efficient timeline possible for your situation.
Factors that affect how long a divorce takes in Arizona
There are several factors that impact how long a divorce takes. They include the following:
- Whether the couple is high-net-worth with complex assets and investments
- Whether spouses have a family business or one or both have their own businesses
- Whether there is a lot of contention between parties and no possibility of agreement
- Whether there are battles over child custody, support or parenting time
Incomplete financial disclosures can also factor into the length of divorce, such as if an investigation has to be undertaken because a party believes the other is hiding assets.
Arizona’s waiting period for divorce
Arizona law sets a mandatory 60-day “cooling off” period for divorce. It is intended to ensure that decisions to divorce are not made in haste. The clock begins running the day the non-filing spouse is served with the petition for dissolution of marriage. Even when spouses are undertaking an uncontested and amicable divorce, it cannot be finalized until the statutory period ends.
Uncontested divorce timelines in Scottsdale
When both spouses agree on all major issues, including property division and spousal support, the divorce is considered uncontested. It can take as long as three to six months, accounting for the exchange of required financial disclosures and for preparing and negotiating a consent decree. Our Scottsdale matrimonial lawyer makes use of the 60-day waiting period to work on the consent decree. If all paperwork is correct, the divorce can be finalized almost as soon as the waiting period is over.
If there are children of the marriage, the divorce can take four to eight months, due to the time it takes to prepare and negotiate parenting plans and to complete other child‑related requirements.
Contested divorce cases and extended timelines
The length of a divorce can greatly increase if spouses disagree on material issues. Disputes over division of assets and debts, custody and parenting time arrangements and whether spousal support will be paid means that the divorce is contested. A contested divorce includes a discovery period in which information is exchanged and depositions are held. If issues cannot be resolved in negotiations or voluntary or mediation, a judge will make the decisions. Getting a case scheduled for trial can take time due to backlogs at Maricopa County Superior Court. Contested divorce cases can take eight to 15 months if the spouses reach a settlement before trial, or up to 24 months if the case proceeds to trial.
Ways to speed up the divorce process in Arizona
Here are several ways to potentially speed up the divorce process:
- Think through what you really want out of the divorce and what you are willing to concede.
- Collect relevant documentation including all financial records so they are ready to exchange.
- Be willing to compromise with your spouse to reach settlement and avoid court intervention.
- Consider meeting with a trained mediator if negotiations are unsuccessful.
We can help you prepare for divorce and negotiate on your behalf to reach a fair and advantageous settlement. If a settlement cannot be reached, we will strategically represent you at trial.
Contact an experienced Arizona law firm for assistance with your divorce
Clark & Schloss Family Law, P.C., in Scottsdale, helps Arizonans who are getting divorced move on with their lives in the quickest way possible under the circumstances. Call 602-789-3497 or contact us online to schedule a consultation.