The Thompson Law Firm Philosophy on Contested Divorce

The lawyers at the Thompson Law Firm will tell you that after a decade of handling legal matters, clients who have compromised before coming to divorce have been happier, spent less money with the firm and left our offices with a divorce sooner than a couple in a contentious divorce. At the end of the day, contested divorces pay more but uncontested divorces make for happier clients. So, we have adopted an uncontested divorce philosophy.

In our opinion, a contested divorce should be your last resort, because you’re then putting your fate in the hands of a busy judge, and you’re stuck with whatever the judge decides. For instance, the judge may divide your property 50/50, but you may not get the 50% you want. And a judge may not look at the tax ramifications of his or her decision, so your settlement might end up costing you a lot of money.

“Generally, most people can resolve their divorces in an uncontested manner,” says attorney Christy Thompson. “It’s consistent with Arizona’s strong state policy to try to settle these matters.” Some of the most common reasons for contesting a divorce include:

• The hopes of reconciliation. One spouse wants the marriage to continue for emotional, financial, social, or health reasons.
• Revenge. One spouse is using this as an opportunity to hurt or annoy the other by dragging the divorce process out as long as possible.
• Religious beliefs. One spouse’s religion doesn’t recognize or sanction divorce.

Clearly, an uncontested divorce is not for everyone.

Even when the relationship between husband and wife is strained or adversarial, contested divorces are a rarity in today’s legal system. Although some experts believe there are some emotional and psychological benefits to going to trial (such as psychological vindication and economic rewards if you “win”), most recognize that couples who end up in court ultimately lose sight of the family’s long-term interests, inflict additional pain on themselves and their children and greatly increase their legal costs.

Contact us if you are considering an uncontested divorce and need assistance in preparing your documents and settlement agreement. We can be reached at 480-634-7480.