Divorce in Arizona
Divorce is one of the most emotionally and financially challenging events a person can face. Whether you are contemplating divorce or have already begun the process, it’s essential to understand your rights and responsibilities under Arizona law. Our firm is here to guide you through each step, ensuring that your interests and your family’s are protected.
What Is a Divorce?
A divorce, legally known as a dissolution of marriage, is the formal process of ending a marital relationship. In Arizona, the court resolves key legal and financial matters during divorce proceedings, including:
- Division of community and separate property
- Allocation of debts
- Parenting time and legal decision-making (Visitation)
- Child support
- Spousal maintenance (alimony)
To file for divorce in Arizona, at least one spouse must have lived in the state (or been stationed here while in military service) for a minimum of 90 days before filing.
Arizona Is a No-Fault Divorce State
With the exception of covenant marriages, Arizona is a no-fault divorce state. That means a spouse can file for divorce without having to prove wrongdoing. The only legal requirement is that the marriage is “irretrievably broken.”
Legal Separation vs. Divorce
Legal separation is a legal process similar to divorce, but the couple remains married. This may be an option for those who wish to remain legally married for religious, financial, or medical reasons but still need to resolve issues such as custody, property, and support.
A court may grant a legal separation when:
- Arizona residency requirements are met (90 days of domicile or military presence)
- The marriage is irretrievably broken, or both parties wish to live apart
- Conciliation provisions do not apply or have been satisfied
- Both parties agree to a legal separation (if one objects, the case will proceed as a divorce)
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Retaining David was one of the best decisions I have ever made. Before retaining David, I had restricted parenting time for my 5 children and mom had final legal decision making authority. Even with restricted parenting time, mom was still refusing to allow any parenting time because she had a bogus order of protection against me. My previous attorney had pretty much thrown in the towel and advised me to settle with a horrible order. This was unsettling and I sought out new counsel.

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My wife needed a family law attorney for a custody dispute. I had a list of attorney's I was considering. I interviewed David and immediately knew he was the one I wanted representing her. I knew what I wanted in a Family Law attorney. I've spent over 2 decades negotiating contracts in my career, and I wanted a negotiator. David is sharp, wise and has decades of experience. David's philosophy is the child and the childs' interests come first.

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Spousal Maintenance (Spousal Support)
Spousal maintenance—also referred to as alimony—is financial support paid from one spouse to another during or after a divorce. It is not automatically granted; instead, the court considers several factors under A.R.S. §25-319 to determine whether support is appropriate.
A spouse may qualify for spousal maintenance if they:
- Lack sufficient property to meet reasonable needs
- Cannot be self-sufficient through current employment
- Have a child whose age or condition prevents them from seeking employment
- Were married for a long duration
- Supported or funded the other spouse’s education or career
When deciding the amount and duration of maintenance, the court may consider:
- Length of the marriage
- Standard of living established during the marriage
- Age, physical and emotional condition of the spouse seeking support
- Employment history and earning capacity of both spouses
- Contributions made to the other spouse’s earning potential
- Sacrifices made in career or education for family care
- Whether either spouse concealed or recklessly spent community assets
- Ability to contribute to children’s educational needs
Every case is different, and courts have broad discretion in how spousal maintenance is awarded. Contact us today at 480-664-4900 or fill out our online form here.
Divorce & Legal Separation Resources
Arizona offers various public resources that may assist you throughout the divorce process:
Maricopa County Superior Court – Family Division
Social Security Administration
Family Lawyer’s Assistance Project (FLAP)
201 W. Jefferson, 6th Floor, Phoenix, AZ 85003
Phone: (602) 506-7948