Why Clients Choose Us
- Helping Arizona Families Since 1982
- Over 3,000 Family Law Cases Successfully Handled
- Award-Winning Phoenix Divorce Attorney
- Martindale-Hubbell Distinguished Rated
- Top 5% Most Honored Professionals In America
- Free, Confidential Consultations
Nobody gets married expecting divorce. But when the end of your marriage becomes reality, protecting your rights, finances, and relationship with your children must become your top priority. Having experienced legal counsel can reduce the stress so you can move on with your life. Cohen Family Law is here to guide you through each step of your divorce.
The Basics of Arizona Divorce Law
To file for divorce in Arizona:
- At least one spouse must have lived in the state for 90 days
- Military members stationed in Arizona for 90 days may also qualify
- Arizona is a no-fault divorce state, meaning irreconcilable differences are sufficient grounds
Once residency requirements are met, one spouse files a Petition For Dissolution Of Marriage, which begins formal proceedings. The petition typically includes:
- Identifying information about spouses and children
- Confirmation of residency requirements
- Statement that the marriage is irretrievably broken
- Information about property and debts
- Requests regarding custody, support, and maintenance
- Whether domestic violence was present
- Requested relief (such as restoring a former name)
Key Issues In An Arizona Divorce
As indicated by the list above, divorce is much more than simply the legal termination of a marriage. The spouses must agree, or have the court decide, a number of other issues. They include:
Property Division
Arizona is a community property state. In most cases:
- Assets acquired during marriage are divided 50/50
- Debts incurred during marriage are also divided equally
Community property may include:
- The marital residence
- Retirement accounts
- Bank accounts
- Vehicles
- Businesses
- Investments
Separate property generally includes:
- Property owned before marriage
- Inheritances or gifts
- Property acquired after filing
Proper classification is critical. Mistakes can significantly impact your financial future.
Parenting Time & Legal Decision-Making
Arizona refers to custody as:
- Parenting Time (physical time spent with the child)
- Legal Decision-Making (authority over major decisions)
If parents cannot agree, the court decides based on the child’s best interests, considering:
- Parent-child relationships
- History of abuse or neglect
- Physical and mental health of each parent
- Primary caregiver history
- The child’s wishes (if appropriate)
In some cases, supervised parenting time or restrictions may apply.
Child Support
Arizona uses statutory guidelines based on:
- Each parent’s income
- Parenting time allocation
- Health insurance costs
- Childcare expenses
- Educational and medical needs
Deviations from the guidelines may be requested under certain circumstances.
Spousal Maintenance (Alimony)
Spousal maintenance is awarded when one spouse demonstrates financial need and the other has the ability to pay. Courts consider:
- Length of marriage
- Age and health of both spouses
- Income disparity
- Education and earning capacity
- Contributions to the marriage
Maintenance can be temporary, long-term, or subject to modification.
Long-Term Marriages Often Carry Greater Financial Exposure
Will My Divorce Go To Trial?
Many spouses are able to resolve most or all issues arising out of their marriage without the need for a judge to decide. While the court will be involved in your divorce to some extent (for example, only the court can issue a divorce decree that officially ends your marriage), the parties are free to decide most of the above issues as they see fit. If they can agree on these matters they can enter into a written separation agreement.
One alternative to trial is mediation. This is an out-of-court procedure in which a neutral third party known as a mediator, helps the spouses resolve property division, parenting time, and other issues related to their divorce. An attorney can assist and represent you during this process, advocating for your interests and helping you understand the benefits of settling the above matters instead of taking them to trial.
Hear What Our Clients Have to Say
Speak With Our Phoenix Divorce Attorney
Divorce is one of the most significant legal events of your life. You deserve experienced representation that protects your children, your assets, and your future. With over 40 years of experience handling Arizona divorce cases, Mitchell E. Cohen provides the knowledge, skill, and compassion clients need during difficult times. Contact Cohen Family Law for your free consultation.
FAQs
How long does a divorce take in Arizona?
Arizona requires a minimum 60-day waiting period after filing. Contested divorces may take several months, depending on complexity.
Is Arizona a 50/50 property state?
Yes. Arizona is a community property state, meaning marital assets and debts are typically divided equally.
Can spousal maintenance be modified?
Yes, if there is a substantial and continuing change in circumstances, unless modification is restricted in the agreement.
Do I have to go to trial?
Not necessarily. Many cases resolve through settlement or mediation. Trial is typically a last resort.
How is child support calculated?
Arizona uses income-based guidelines that factor in parenting time, healthcare costs, and other child-related expenses.
Cohen Family Law services clients with their family law needs throughout the Phoenix, Arizona area, including Anthem, Chandler, Gilbert, Glendale, Goodyear, Laveen, Mesa, Peoria, Scottsdale, Surprise, and Tempe.
