The Answer to the Question, “Does a Divorce Always Go To Trial?” Isn’t Yes

The divorce process can sometimes be complicated and lengthy. Although some divorces seem easier than others, couples may wonder, does a divorce always go to trial? Even though a divorce is completed by a judge, the court does not always have to make the important settlement decisions for the couple. In fact, the courts typically prefer that couples work together to agree to the divorce settlement terms, whenever possible.

Items Covered In the Decree of Dissolution of Marriage

When a divorce is finalized, the judge orders a decree of dissolution of marriage. There are a number of items that are covered as part of the court order. These include:

  • Termination of the Marriage
  • Parenting Time, Legal Decision-Making, and Support Orders
  • Spousal Maintenance
  • Property Division
  • Debt Distribution
  • Return to Maiden Name (If Requested)

If the couple cannot agree to the resolution of these issues, the judge will need to make a decision.

Take Steps to Resolve Divorce Settlement Terms

It is best, whenever possible, for spouses to come to an agreement regarding the settlement terms of the divorce. In Arizona, property, assets, and debts that the couple accumulated during the marriage are considered marital property with a few exceptions for gifts and items acquired by inheritance. Generally, marital property must be distributed equitably between spouses in a divorce.

Avoid Trial by Resolving Disputes

If you want to avoid going to trial, you need to resolve the terms of your divorce. Your attorney should be experienced at assisting clients work through resolutions, while protecting their rights. Discuss areas of concern with your attorney so that he or she may take preemptive action to prevent disagreements. Remember that divorce terms are supposed to be equitable, so both people will need to compromise on some issues.

Court-Ordered Divorce Resolution Assistance

The court tries to assist couples in making the important settlement issues together. If spouses are having difficulty coming to an agreement, the court may order them to take further action. A mediator is a professional who specifically assists divorcing couples work through issues that may be causing the divorce to stall.

Difficult divorce matters can cause the divorce to become complicated and lengthy. You need a passionate, concerned attorney on your side to assist in making the process as easy as possible Call the skilled lawyers at Udall Shumway to schedule a consultation today.


This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Does a Divorce Always Go To Trial, or other family law issues, please feel free to contact Lindsay A.M. Olivarez at 480.461.5300, log on to, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.