Legal Question in Family Law in Arizona

Contested divorce

How difficult is it to obtain a divorce when one of the parties has indicated they will contest it? Is it

possible to get a divorse through the divorce store or any other simplified means or will it have to go to court?


Asked on 9/02/01, 12:26 pm

1 Answer from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Contested divorce

"Contesting" the divorce can have two different meanings. One meaning is to dispute the actual provisions requested by the Petitioner (e.g. disagreeing about who gets what). The other is "contesting" that the divorce should even happen. The only way this happens is if the contesting party claims that the marriage is not irretrievably broken and that there may be some chance of reconciliation. Even this is only a delay - ultimately, a spouse cannot prevent a divorce.

The Divorce Store (or other document preparation service) can only prepare forms, usually at a pretty stiff rate. They cannot give legal advice and they cannot represent you in court.

You may want to consult with an attorney to discuss your situation and whether or not you need representation. If the divorce is contested in either sense, you may very well have to go to court.

If I can be of further assistance, please do not hesitate to contact me - (480) 732-9200.

Sincerely,

Monica H. Donaldson, Esq.

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Answered on 10/01/01, 11:07 am


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