Divorce
Arizona is a no-fault state. Neither spouse has to prove the other did anything wrong — one spouse simply states the marriage is irretrievably broken, and the court has no authority to require otherwise. That makes the legal question narrower than most people expect: the real work of a divorce is dividing property and debt, deciding parenting arrangements if there are children, and addressing spousal maintenance where it applies.
Most divorces resolve by agreement. A minority genuinely need a judge to decide. We handle both, and we tell you early which kind of case you likely have.
How the process runs
One spouse files a petition and the other is served. Arizona imposes a mandatory waiting period of at least 60 days from service before a decree can be entered, so no divorce moves faster than that regardless of how quickly the parties agree.
Both spouses exchange financial disclosure covering income, assets, debts, and anything relevant to what gets divided. From there, most cases move toward a negotiated settlement, either directly between the parties or through mediation. Where an agreement is reached, it becomes a consent decree. Where it is not, the case proceeds toward trial, with temporary orders in place along the way to cover support and parenting time while the case is pending.
What gets decided
- Property and debt division — Arizona is a community property state, so most assets and debts acquired during the marriage are divided regardless of whose name they are in.
- Legal decision-making and parenting time — if there are children, the decree sets out who decides on education, healthcare, and religion, and the schedule each parent has.
- Child support — calculated under Arizona’s child support guidelines, based primarily on both parents’ incomes and the parenting time schedule.
- Spousal maintenance — not automatic, and dependent on the length of the marriage, each spouse’s earning ability, and the standard of living during the marriage.
Before the marriage
If a premarital agreement is part of the picture, whether one you already signed or one you are considering before marrying, we work with co-counsel who focuses specifically on premarital agreements, so that piece gets the same level of attention as everything else.
When a business is part of the estate
A closely held business is often the largest asset in a marriage and the hardest to divide. It cannot be split down the middle, it may be the income source for both households, and its value is genuinely arguable.
Understanding how these questions work — what an operating agreement says about transfers, how goodwill is characterized, what the entity looks like once one spouse is bought out — is not something most family law practices bring to the table. That business background shapes how we approach the analysis from the start, working toward a resolution both sides can live with rather than a prolonged fight.
If you and your spouse jointly own real property outside a marriage, or the property question outlives the divorce, see Arizona partition actions.
Family law matters are handled in Maricopa and Pima counties.
Talk with us
Every family law matter starts with understanding your situation. Reach out and we will tell you what the process realistically looks like from here.