In a contested divorce in Scottsdale is exactly what it sounds like: one or both spouses can’t come to an agreement, and they litigate and fight parts of their divorce. This type of divorce takes far longer to complete and usually involves more stress and substantially higher legal fees and costs (e.g. expert witnesses).

With a contested divorce, each spouse will have to go through several steps before the divorce can be finalized, including:

• Prepare, file and serve the petition for divorce
• Respond to the petition
• Interview and hire an attorney
• Conduct a “divorce discovery” – this is where your attorney will gather all relevant financial, asset and debt information from your spouse and third-parties (e.g. banks, employer records)
• Pre-trial legal motions and multiple court hearings
• Settlement propositions and negotiations among attorneys
• If settlement is non-agreeable, arrange for a final contested trial
• Complete a court trial before a judge (no jury), and a Judgement is issued by the Court
• Appeal, if you disagree with the trial judge’s decision(s).

During the discovery and pretrial settlement period, some spouses are unable to resolve all disputed issues. The divorce judge may recommend spouses to work things out, when that doesn’t occur the next step is divorce court and a full evidentiary trial.

During trial, both spouses introduce and call witnesses, and their attorneys cross-examine them and submit closing arguments. When the trial is over, the court will issue a closing judgment and order memorializing the judge’s decisions and finalize the divorce.

Divorce—specifically ones that are contested—are complicated. Spouses in a contested divorce should absolutely speak with an experienced divorce lawyer who can advise them of their legal rights and guarantee they are fully protected to maximize their share of the marital estate.

In stark contrast to conventional litigation, collaborative divorce in Scottsdale mitigates disagreements for couples by resolving issues rather than by trying to “win” in court. Simply put, couples arbitrate and negotiate to come to an agreement with the support of collaboratively trained attorneys and other professional such as financial neutrals, communications specialists or child specialists. For this to work, both parties need to be compliant to mutually agree to divert the case to the collaborative process. This divorce process allows you to save time and money and come to an agreement that works for each party.

The Collaborative Divorce process includes:

• Each party hires an attorney, usually trained in collaborative law.
• You individually consult with your attorney to explain your objectives and what you want.
• At your first collaborative session with both spouses and both lawyers, you will typically sign off on a Collaborative Commitment Agreement (“CCA”). As other professionals are introduced to the group sessions, they too will sign the CCA.
• You and your attorney set up regular group discussions with the other party and his/her attorney.
• If necessary, third-party delegates will be requested in to help reach an agreement. This often includes a “communications coach” depending on the types of conflicts the couple is facing.
• The CCA always includes a “no court” provisions, which means that if the case doesn’t resolve 100% within collaboration, and instead diverts back to court, you’ll have to start all over again with different legal representation and new third-party experts.
• When collaboration is complete, the attorneys will draft and file the final legal papers and settlement agreement. After that, the judge signs off. You will never go to court, and the public will not have access to any of your collaborative divorce details, which will stay 100% private.