Contested Divorce
Contested Divorce Representation in Tucson, AZ & Pima County
Divorce can be one of the most challenging moments in life, particularly when disputes arise over critical issues. The Law Office of Hector A. Montoya, P.L.L.C. offers contested divorce representation in Tucson, AZ and Pima County with skilled guidance to help protect your rights, advocate for your interests, and move toward the best possible outcome. Contact us to schedule a consultation.
What Is a Contested Divorce?
A contested divorce occurs when spouses can’t agree on one or more terms, requiring the courts to resolve disputes and rule on the divorce terms. These disagreements typically involve issues such as property division, parenting arrangements, or spousal maintenance. Because these divorces involve court hearings and a more intricate legal process to reach a resolution, they can take longer and may also take an emotional toll. However, having an experienced team like our law firm handling your divorce means you have a trusted and empathetic advisor on your side.
Contested vs. Uncontested Divorce
Understanding the differences between contested and uncontested divorces helps you prepare for what to expect during the process:
- Agreement – Contested divorces involve unresolved disputes, while uncontested divorces have all terms agreed upon.
- Timeframe – Contested divorces may take several months or years, whereas uncontested divorces are often finalized much quicker.
- Cost – The complexities of a contested divorce often result in higher legal costs and court fees compared to the relatively straightforward uncontested process.
- Court Involvement – Contested divorces include court appearances, whereas uncontested cases don’t require a judge’s rulings.
- Stress – The adversarial nature of contested divorces can be emotionally taxing for all parties involved.
The Contested Divorce Process in Arizona
A general overview of the steps involved to come to a resolution for a contested divorce in Arizona includes:
- Filing the Petition – The process begins when one spouse files a petition for dissolution of marriage. This document is served to the other spouse, who must respond within the required timeframe to avoid default proceedings.
- Discovery Process – Both parties gather and exchange financial records, documents, and any evidence relevant to their claims. This phase is crucial for building a case.
- Mediation Efforts – Mediation may be pursued to resolve conflicts through negotiation. If an agreement cannot be reached, the case proceeds to trial.
- Presentation in Court – Attorneys for each party present their arguments, call witnesses, and provide evidence to support their positions.
- Judicial Decision – Once all evidence is reviewed, the judge issues a legally binding decision addressing all contested matters.
Our firm is committed to guiding you through each step with clarity and precision so that your voice is heard while you focus on moving forward.
What Is Decided in a Contested Divorce?
The court has the authority to resolve several key matters in a contested divorce, including:
- Property Division – Arizona follows community property laws, meaning assets and debts acquired during the marriage are divided equitably.
- Parenting Orders – Decision-making for children, parenting time, and parental responsibilities are made with the child’s best interests as the primary consideration.
- Spousal Support – Awards for spousal maintenance depend on financial need, earning potential, and other relevant factors.
- Debt Allocation – The court determines responsibility for debts incurred during the marriage.
- Additional Disputes – Other issues, such as business ownership, retirement accounts, and asset valuation, may also be addressed.
Why Choose the Law Office of Hector A. Montoya, P.L.L.C.?
Our law firm has been serving Tucson and Southern Arizona for more than 30 years. We offer the right level of experience in family law, allowing us to handle complex contested divorce cases with competence and care. When you choose us, you gain:
- Staunch Advocacy – We craft strong legal strategies to protect your financial and emotional well-being.
- Personalized Attention – We prioritize open communication and develop a case around your circumstances.
- Proven Results – Decades of success have made us a trusted name in family law throughout Southern Arizona.
Schedule a Consultation With Us
Hiring a lawyer for a contested divorce in Tucson, AZ and Pima County, like the Law Office of Hector A. Montoya, P.L.L.C., is essential to establishing your future life. We stand ready to advocate for you and safeguard what matters most. Contact us today to discuss your divorce needs.