Ending a marriage is never easy, but when there are no minor children involved, the process can be more straightforward. Without custody or parenting time issues, divorcing couples in Arizona can often move through the legal process more quickly. That doesn’t mean it’s without challenges. Property division, retirement accounts, and even deciding who gets the family pet can still raise important questions. If you’re considering divorce and don’t have children, here’s what to know about what comes next.
A Streamlined Divorce Process in Arizona
In Arizona, couples without children often benefit from a less complicated path to divorce. If both spouses agree on major issues—like how to divide assets and debts—you may be eligible for what’s called an uncontested divorce.
Arizona requires a 60-day waiting period after filing the petition before the court can finalize the divorce. During that time, both parties can work out a settlement agreement. In many cases, divorcing couples without kids don’t need to appear in court, especially when the paperwork is in order and both sides are cooperative.
We help clients stay on top of deadlines, ensure forms are completed properly, and resolve disputes before they create unnecessary delays.
Property and Debt Division Matters More
When custody isn’t an issue, dividing property often becomes the focus. Arizona is a community property state, which means most assets or debts acquired during the marriage are considered jointly owned and will be divided equally.
Community property includes:
- Wages earned during the marriage
- Homes, cars, and other major assets bought with marital funds
- Credit card debt, loans, and other liabilities taken on while married
Separate property, such as assets owned before the marriage or gifts received individually, typically isn’t divided, but it’s still important to identify and document these items.
It’s not just about fairness—it’s about making sure everything is accounted for. We work closely with clients to protect their interests and reach a reasonable outcome without dragging things out.
Who Gets the Pets?
Deciding who keeps a shared pet can be emotional. In Arizona, pets are considered personal property under the law. That means the court doesn’t look at what’s in the “best interest” of the animal the way it does with children. Instead, a pet is treated like any other marital asset.
Still, judges may consider:
- Who bought or adopted the pet
- Who provides most of the care
- Whether one spouse is better equipped to care for the animal going forward
Many couples prefer to work out pet custody arrangements outside of court. This could include an agreement about primary care, visitation, or shared expenses. We encourage cooperation when possible and help draft clear terms to avoid conflict later.
Dividing Retirement Accounts
Retirement accounts can be one of the largest assets in a divorce. If contributions were made during the marriage, those funds are usually considered community property—even if the account is only in one spouse’s name.
To divide retirement accounts like 401(k)s or pensions, you may need a Qualified Domestic Relations Order (QDRO). This legal document allows the plan administrator to split the account without early withdrawal penalties or tax consequences.
When handling retirement funds, we work to:
- Calculate what portion is community property
- Coordinate with financial professionals if needed
- Ensure any QDRO is prepared and submitted correctly
The goal is to divide things fairly without triggering unnecessary taxes or delays.
Changing Your Name After Divorce
If you want to go back to your former name after divorce, Arizona allows you to make that request as part of the divorce process. There’s no need to file a separate petition and no extra fee if the name change is included in the divorce decree.
Once the divorce is finalized, you’ll need to update your name with:
- Social Security Administration
- Arizona Department of Transportation (for driver’s license)
- Banks, insurance providers, and other institutions
We help ensure this request is included in your final documents so you don’t have to take extra steps later.
Support for a Fresh Start
Even without children, divorce brings change and legal responsibilities. At Cohen Family Law, we work with clients across Arizona to make the process as smooth and efficient as possible. Whether you’re dividing property, handling retirement accounts, or restoring your name, we’re here to help you move forward. Contact us today to schedule a consultation and take the next step with confidence.
