Thinking about divorce can bring up a lot of emotions, and it’s normal to feel unsure about what comes next. If you’re considering divorce in Scottsdale, Cohen Family Law can help you understand the basics and take it one step at a time. Here, we’ll cover what you need to know about the divorce process, including the grounds for divorce, residency rules, the general timeline, and the documents you’ll need to get started.
Grounds for Divorce in Arizona
In Arizona, you don’t need to prove that someone did something wrong to get a divorce. Arizona is a “no-fault” divorce state. This means that it’s enough for one spouse to say the marriage is “irretrievably broken” and there’s no chance of fixing it.
There’s one exception you should know about: covenant marriages. If you entered into a covenant marriage, there are stricter requirements. You would need to show specific reasons, such as adultery, abandonment, or abuse, to be granted a divorce. Covenant marriages aren’t very common, but if you have one, we’ll walk you through the extra steps.
For most couples in Scottsdale, though, a simple statement that the marriage cannot be saved is enough to move forward.
Residency Requirements for Divorce in Scottsdale
Before you can file for divorce in Scottsdale, Arizona law requires that either you or your spouse must have lived in the state for at least 90 days. This rule applies whether you’ve lived in Scottsdale your whole life or just recently moved here.
If you have children together, there’s another piece to consider: Arizona must usually be their “home state,” meaning they must have lived here for at least six months before custody issues can be decided.
If you’re unsure about whether you meet these timing rules, we’ll help you figure it out. Even if you’re new to Arizona, we can work with you to plan the right time to start your case.
Basic Timeline for a Divorce Case
One of the first things people ask us is: “How long is this going to take?” The answer is that it depends, but there are some basics you should know.
- Mandatory waiting period: Once the divorce papers are filed and served, there’s a 60-day waiting period before the court can grant a divorce.
- Uncontested divorces: If both sides agree on all major issues—like property, custody, and spousal maintenance—the divorce could be finalized shortly after the 60 days are up.
- Contested divorces: If there’s disagreement over important issues, the case can take several months or longer. Sometimes it takes a year or more if the case ends up in trial.
Every divorce moves at its own pace. Factors like cooperation between spouses, the court’s calendar, and the complexity of your assets or parenting issues all play a role. We’ll help you understand what to expect in your situation.
Documents You Need to File for Divorce
Starting the divorce process involves some paperwork. If you live in Scottsdale, your divorce case will typically be filed with the Maricopa County Superior Court, which handles all family law matters in the area. Here are the basic documents you’ll need:
- Petition for Dissolution of Marriage: This officially asks the court to end the marriage.
- Summons: This notifies your spouse that the divorce process has started.
- Preliminary Injunction: This court order tells both spouses not to move money around, sell property, or harass each other during the case.
- Parenting Plan: If you have children, you’ll need a proposed plan about custody and parenting time.
- Financial Affidavit: This form provides a full snapshot of your income, expenses, property, and debts.
Having complete and accurate paperwork is essential. It can help avoid delays and keep things moving forward. We’ll help you gather everything you need and make sure it’s filed correctly.
Practical First Steps to Take
If you’re thinking about divorce in Scottsdale—or know you want to move forward—there are a few steps you can take now to prepare:
- Gather financial information: Collect tax returns, bank statements, retirement account information, and mortgage documents.
- Think about living arrangements: Start planning where you and your children, if any, will live during and after the divorce.
- Focus on your children’s needs: If you have kids, keeping their routines stable will be important.
- Talk to a family law attorney: Even if you’re unsure whether you’re ready to file, having a conversation can help you make informed choices.
We’re here to answer your questions and guide you through each step, so you don’t have to figure it out alone.
Contact an Experienced Scottsdale Divorce Attorney
Divorce may feel like the end of something, but it’s also the beginning of your next chapter. At Cohen Family Law, we’re ready to help you move forward with clear advice, steady support, and a plan that fits your life. If you’re thinking about filing for divorce in Scottsdale, reach out to schedule a consultation with us. We’re ready to help you take the next step.
