5 Secrets Your Divorce Attorney Arizona Never Told You

Divorce can be one of the most heart-wrenching and complicated matters that anyone can go through in their lives. Although people always hope for the best, sometimes things don’t work out the way they were supposed to, and when that happens, everything can rapidly spiral out of hand. Luckily, there are professionals that can help you navigate through the legal complexities of a divorce. That is why we would like to introduce you to the best divorce attorney in Arizona. Our article will give you a brief overview of how a divorce attorney can help you, what you can expect from them, and what makes the best divorce attorney stand out from the rest.

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You can expect to learn a lot from this article, and it will hopefully provide you with valuable insights. If you or someone close to you is going through a divorce, it is critical to find the right person to help you fight for your rights. The best divorce attorney in Arizona can guide you through the legal system, help you to protect your assets, and ensure that you achieve the best possible outcome for your case. By reading our article, you will understand why choosing the right divorce attorney is so important and how it can make a huge difference in your life.

It’s crucial to choose the right attorney when dealing with a divorce, as the legal system is notoriously complex and difficult to navigate. A good divorce attorney can provide you with invaluable advice, protect your financial and personal interests, and help you to keep things on track during an already stressful time. Our article will help you choose the right attorney for your case, and it will give you confidence that you are making the right decision for your future. Don’t hesitate, read our article and make the right decision for your case!

The Importance of Hiring a Divorce Attorney in Arizona

Divorce is a difficult and emotional process that many Arizona residents go through every year. In fact, according to a 2018 report by the American Community Survey, the overall divorce rate in Arizona is slightly higher than the national average. If you are going through a divorce in Arizona, it is highly recommended that you hire a divorce attorney to represent you. Here are some reasons why:

Expertise in Arizona Divorce Law

Divorce laws can vary widely between states, and Arizona has its own unique set of laws that govern divorces within its jurisdiction. A divorce attorney in Arizona will have in-depth knowledge of the state’s divorce laws and will be able to provide you with accurate legal advice and guidance tailored to your specific situation.

For example, Arizona is a community property state, which means that most assets and debts acquired during the marriage are considered to be owned equally by both spouses. However, there are exceptions to this rule, such as property that was acquired by one spouse before the marriage or through inheritance or gift. A divorce attorney in Arizona will be able to advise you on how community property laws apply to your specific assets and debts, and will work to protect your interests during property division negotiations.

Reducing Emotional Stress

Going through a divorce can be an incredibly emotional process, especially if you have children or significant assets at stake. Hiring a divorce attorney can help to reduce some of the emotional stress associated with divorce by providing you with a level of emotional distance and objectivity. An attorney can help to mediate discussions between you and your spouse, and can represent you in negotiations or court proceedings. This can help to prevent emotionally charged arguments or fights that could harm your children or damage your financial future.

Protecting Your Interests

When you hire a divorce attorney, you will have someone in your corner who is solely focused on protecting your interests. While you may be emotionally invested in your marriage, your attorney is not. Their primary goal is to help you achieve the best possible outcome in your divorce, while protecting your rights and interests.

A divorce attorney can help to:

  • Protect your financial interests by ensuring that all marital assets are accounted for and divided fairly. They can also help you to negotiate or challenge spousal support payments, if appropriate.
  • Protect your parental rights by helping you to create a fair and workable parenting plan that prioritizes your children’s best interests.
  • Protect your long-term future by advising you on how property division, child support, and spousal support payments may impact your financial situation in the years to come.

Legal Representation in Court

While many divorces can be settled outside of court through mediation or negotiation, some may require a trial to resolve disputes. In these cases, it is essential to have legal representation in court. A divorce attorney in Arizona can represent you in court proceedings, and will have the knowledge and experience necessary to argue your case effectively.


Overall, hiring a divorce attorney in Arizona is a wise decision for anyone going through a divorce. An attorney can provide you with expertise in Arizona divorce law, help to reduce emotional stress, protect your interests, and provide legal representation in court. By having a knowledgeable and experienced attorney on your side, you can feel confident that your rights and interests are being protected during this challenging time.

Pros Cons
Expertise in Arizona divorce law Additional expense
Emotional support and objectivity Less control over the divorce process
Protects your interests throughout the divorce May take longer to reach a settlement
Legal representation in court

– American Community Survey. (2018). Divorce Rates by State 2018. Retrieved from https://www.census.gov/library/visualizations/interactive/divorce-rates-by-state-2018.html
– Arizona State Legislature. (n.d.). Dissolution of Marriage. Retrieved from https://www.azleg.gov/ars/25/00402.htm

Factors to Consider When Choosing a Divorce Attorney in Arizona

Getting a divorce can be an emotionally and financially challenging experience. That’s why it’s essential to have the right divorce attorney on your side to provide you with the support and guidance you need to navigate the divorce process successfully. However, choosing the right divorce attorney can be difficult. To help you make an informed decision, we have highlighted some essential factors to consider when hiring a divorce attorney in Arizona.

Qualifications and Experience

When looking for a divorce attorney in Arizona, it’s vital to consider their qualifications and experience. Here are some essential things to keep in mind:

  • The attorney must be licensed to practice in Arizona and be in good standing with the state bar association.
  • Experienced attorneys can provide better guidance and advice due to their knowledge of the local court system and judges.
  • An attorney who has experience handling divorce cases similar to yours can provide personalized attention and tailored strategies that are best suited to your unique circumstances.

It’s essential to ask the attorney about their experience and qualifications during the initial consultation, ensuring that you get a clear understanding of their capabilities and expertise.

Communication and Availability

During the divorce process, your attorney will be your primary source of support and guidance. Therefore, having an attorney who is available and communicates effectively is crucial. Here are some factors to consider:

  • The attorney should be responsive and available to answer your questions and address your concerns promptly.
  • It’s essential to have clear lines of communication with your attorney to make sure that you are up to date on important developments related to your case.
  • The attorney should provide you with regular updates and communicate their assessment of your case’s progress effectively.

It’s essential to ask the attorney about their communication policies during the initial consultation, including how they prefer to communicate and how often they will communicate with you throughout the divorce process.

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Fee Structure

Before choosing a divorce attorney in Arizona, it’s vital to consider the attorney’s fee structure. Here are some essential factors to keep in mind:

  • Some attorneys charge a flat fee, while others charge hourly rates. It’s essential to understand the fee structure and calculate how much you are likely to spend on legal fees during the divorce process.
  • Attorneys should be transparent about their fees and provide clear estimates of the costs involved in the divorce process.
  • It’s essential to ask about additional costs other than the attorney fees, such as court fees, filing fees, and other expenses that may arise during the divorce process.

It’s essential to choose an attorney whose fee structure aligns with your budget and to have a clear understanding of the costs involved in the divorce process.


Choosing a divorce attorney in Arizona can be a challenging process. Therefore, it’s vital to consider factors such as qualifications and experience, communication and availability, and fee structure when selecting an attorney. A good divorce attorney can provide the necessary support and guidance to help you navigate the divorce process successfully.

Factors to consider Importance Pros Cons
Qualifications and experience High Personalized attention and tailored strategies, better guidance and advice May be more expensive, not a guarantee of success
Communication and availability High Effective communication, regular updates, and prompt answers to questions Some attorneys may be too busy to provide adequate attention, causing frustration
Fee structure High Transparency about costs, clear estimates, and alignment with your budget The cheapest option may not necessarily provide the best outcome, additional costs may add up quickly

Understanding the Divorce Process in Arizona

Arizona has its own set of laws and regulations regarding divorce. It is important to understand the legal process before embarking on such a journey. Here is a comprehensive guide to the Arizona divorce process.

Grounds for Divorce in Arizona

In Arizona, a spouse can file for divorce based on either fault or no-fault grounds. A no-fault ground is one where there is no specific reason for divorce, such as incompatibility. Fault-based grounds for divorce are:

  • Adultery

  • Cruelty

  • Abandonment

  • Imprisonment

  • Drug or alcohol addiction

  • Sexual misconduct

It is important to note that proving fault-based grounds can be difficult and expensive. It is also important to consider that Arizona is a no-fault state, meaning a couple can mutually agree to a divorce without having to establish fault grounds.

The Divorce Process

The Arizona divorce process can take anywhere from a few months to over a year depending on the complexity of the case, the cooperation of the parties, and the court’s schedule. Here is a step-by-step guide to the divorce process:

  1. Filing the petition: One spouse must file a petition for dissolution with the appropriate court.

  2. Serving the petition: The petition must then be served to the other spouse, who has 20 days to respond.

  3. Disclosure: Both parties must disclose all relevant financial information to each other.

  4. Preliminary injunction: Once served, both parties are subject to a preliminary injunction, which prohibits any alteration or transfer of marital property without the court’s permission.

  5. Temporary orders: If necessary, temporary orders may be issued regarding child custody, spousal support, or distribution of other marital assets and debts.

  6. Resolution or settlement: If both parties can come to an agreement, a consent decree can be filed and the divorce is finalized.

  7. Litigation: If parties cannot agree, further litigation and hearings may be necessary to reach a final resolution.

  8. Final decree: Once all issues have been resolved, a final decree of divorce is issued by the court.

Mediation and Collaborative Divorce

Divorce proceedings can be adversarial processes and often result in bitterness and resentment. It is, therefore, becoming more common for couples to pursue alternative dispute resolution methods, such as mediation and collaborative divorce.

  • Mediation: In mediation, a neutral third-party mediator helps both parties reach a mutually agreeable settlement. Mediation can be much quicker and less expensive than litigation.

  • Collaborative divorce: In a collaborative divorce, both parties work together, each with their own attorney, to reach a settlement. It prioritizes problem-solving and mutual resolutions and can be less expensive than traditional litigation.

Both mediation and collaborative divorce can significantly reduce the cost and length of the divorce process, as well as produce more agreeable outcomes for both parties.


Divorce can be a trying experience, but understanding the process can make it easier to navigate. It is important to consider alternative dispute resolution methods and prioritize problem-solving to help alleviate tension and find mutually agreeable solutions. Remember to consult with an experienced legal professional who can help guide you through the process.

Pros Cons
  • Alternative dispute resolution methods can be less expensive
  • Mediation and collaborative divorce can produce more agreeable outcomes for both parties
  • Arizona is a no-fault state, meaning a couple can mutually agree to a divorce without having to establish fault grounds
  • Proving fault-based grounds for divorce can be difficult and expensive
  • The timeline for the divorce process can vary depending on the complexity of the case and the court’s schedule

The Top Divorce Attorneys in Arizona: A Comprehensive List

Arizona is a no-fault divorce state that means spouses can file for divorce without providing any specific reason. When going through a divorce, you need an experienced divorce attorney who can protect your rights and help you receive fair settlements. In this article, we have compiled a comprehensive list of the top divorce attorneys in Arizona.

The Importance of Hiring a Good Divorce Attorney

A divorce proceeding can be a complex, time-consuming, and emotionally taxing process. It may involve disputes over child custody, spousal maintenance, and property division. A knowledgeable divorce attorney can assist you in navigating these challenges and help you minimize the emotional toll of the divorce process. A good divorce attorney will:

  • Prioritize your interests
  • Protect your legal rights
  • Provide a realistic assessment of your case
  • Negotiate effectively with the other party’s attorney
  • Have a thorough knowledge of family law in Arizona
  • Represent you in court if necessary

The Top Divorce Attorneys in Arizona

Here are some of the top divorce attorneys in Arizona:

  1. Michelle J. Perkins
  2. Scott David Stewart
  3. Kyle R. Walton
  4. Timothy Durkin

Michelle J. Perkins

Michelle J. Perkins is a Certified Family Law Specialist and a Fellow of the American Academy of Matrimonial Lawyers. With over 20 years of experience in handling divorce cases in Arizona, she has a thorough knowledge of Arizona’s family laws. Michelle is known for her compassionate and practical approach when handling complex divorce situations, particularly those involving child custody and high-value assets.

Michelle is affiliated with the Arizona State Bar Association, American Bar Association, Maricopa County Bar Association, and other professional organizations. She has received numerous accolades for her legal expertise, including being named to the list of Best Lawyers in America and Southwest Super Lawyers.

Scott David Stewart

Scott David Stewart is a well-known divorce attorney in Arizona who has been practicing family law for over 30 years. He is a Certified Family Law Specialist and a Fellow of the American Academy of Matrimonial Lawyers. His areas of practice include divorce, child custody, spousal maintenance, property division, and premarital agreements.

Scott is known for his persuasive advocacy skills, sharp legal acumen, and proficiency in negotiating amicable settlements. He is also an active member of various professional organizations, such as the State Bar of Arizona, the Maricopa County Bar Association, and the American Bar Association.

Kyle R. Walton

Kyle R. Walton is a Certified Family Law Specialist and has been practicing family law for over 23 years in Arizona. He has a substantial experience in handling divorce cases involving complex financial issues and high-value assets, as well as cases involving child custody disputes.

His clients appreciate his ability to provide personalized attention, his strong knowledge of family law, and his keen analytical skills to negotiate favorable settlements outside the court. Kyle is an active member of the State Bar of Arizona, the Maricopa County Bar Association, and the Arizona Association of Family Law Attorneys.

Timothy Durkin

Timothy Durkin is a Certified Family Law Specialist with over 30 years of experience in handling divorce and family law cases in Arizona. He has litigated numerous cases in court and has a proven track record of winning complex cases involving high net-worth individuals, business valuations, and international child custody disputes.

Timothy is a member of the State Bar of Arizona, the Maricopa County Bar Association, and the American Bar Association. He has also been named a Best Lawyer in America and Southwest Super Lawyer.


Choosing the right divorce attorney is crucial in achieving a successful outcome in your divorce case. The attorneys mentioned above are some of the best divorce attorneys in Arizona based on their experience, knowledge, and proven success in handling complex divorce cases. It’s essential to do your research and select an attorney who can provide you with personalized attention, practical solutions, and an aggressive representation of your legal rights.

Common Mistakes to Avoid When Hiring a Divorce Attorney in Arizona

Going through a divorce can be an emotionally draining and stressful experience. Finding the right divorce attorney can help ease some of the burden and help you navigate the complicated legal process. However, it’s crucial to avoid common mistakes when choosing a divorce attorney in Arizona.

1. Not Researching Potential Attorneys

Finding a divorce attorney via a Google search or a recommendation from a friend is just the start. It’s essential to dig deeper and research each potential attorney thoroughly to ensure their experience level matches your needs. You can start by looking at their online reviews, checking their website for client testimonials, contacting the state bar association to verify their license, and seeing if they have experience handling cases similar to yours.

2. Choosing an Attorney Based Solely on Cost

When it comes to choosing a divorce attorney, cost should not be the only consideration. Lower rates may seem attractive initially, but it could end up costing you more in the long run if you hire an inexperienced attorney. An experienced attorney may cost more upfront, but they can save you time, money and provide valuable insights and guidance throughout the divorce process.

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3. Not Addressing Communication Expectations

Communication is a vital factor in any legal case, particularly in a divorce. Make sure to ask potential attorneys about their communication methods, when and how often they update clients during the process. A good divorce attorney should be transparent, communicate regularly and efficiently, and be responsive to your concerns.

4. Not Understanding the Attorney’s Strategy

Your divorce attorney’s strategy is the approach they take to handle your case. It’s important to understand their strategy to ensure they are properly advocating for your best interests. They must have a solid plan for the division of assets, child custody, and spousal support. A good attorney should walk you through their process and answer any questions you may have.

5. Not Asking About the Attorney’s Professional Network

In a divorce, various experts may be needed to help build a strong case, from forensic accountants to child psychologists. An experienced divorce attorney will have a network of professionals they rely on to gather evidence and strengthen their client’s case. It’s crucial to ask your potential attorney about the professionals they work with and their credentials.

Additionally, an attorney’s professional network is essential when it comes to negotiating. A seasoned divorce attorney will know the judges, attorneys, and other professionals in the legal community and have the necessary negotiation skills to tackle the complexities of a settlement that is fair for all parties involved.

Pros Cons
  • The divorce attorney will have a network of professionals who can work together to strengthen your case.
  • The attorney will have in-depth knowledge of the legal community, including judges, which can result in a positive outcome for your case.
  • Working with a network of professionals can often expedite the divorce process, saving time and money.
  • The more professionals involved, the higher the cost of the divorce process.
  • The divorce attorney may rely heavily on their network, limiting other legal options for clients.
  • It’s important to ensure that the professionals involved have the necessary credentials and experience to provide accurate and relevant evidence or testimony.

In conclusion, it’s essential to avoid these common mistakes by thoroughly researching potential attorneys, not choosing attorneys solely on cost, outlining communication expectations, understanding the attorney’s strategy, and asking about their professional network. Taking the time to find a qualified divorce attorney who is the right fit for your case can significantly alleviate the anxiety and complexity of the divorce process.

How to Prepare for a Divorce: Tips from Arizona Attorneys

Divorce is always difficult, no matter the situation. It can be overwhelming and emotional, but getting informed and prepared will help to make the process go more smoothly. In this article, we’ll provide helpful tips from Arizona attorneys on how to prepare for a divorce.

Understanding the Divorce Process in Arizona

Before preparing for a divorce, it is important to understand the divorce process in Arizona. In general, there are two types of divorce: contested and uncontested. In a contested divorce, both parties cannot agree on all the terms of the divorce settlement, and a judge will make the final decision. In contrast, an uncontested divorce is when both parties come to an agreement on all aspects of the divorce without the need for a judge’s intervention.

In Arizona, the divorce process begins with one spouse filing a petition for the dissolution of marriage. The other spouse then has 20 days to file a response. During this time, both parties gather information and evidence about assets, debts, income, and child custody arrangements. Arizona law requires both parties to attend mediation to try to resolve any disputes before the final hearing. If an agreement still cannot be reached, the case will go to trial.

Start Gathering Information About Finances

One of the key aspects of any divorce settlement is the division of finances. You should start gathering information about your household’s finances as soon as possible. This includes knowing how much money comes in, how much goes out, your bills, your assets, and your debts. Doing so will help you prepare for discussions about spousal support and child support, and ensure that both parties are on the same page.

Some helpful tips include:

  • Create a list of all your assets and debts.
  • Gather tax returns, bank statements, and other financial documents.
  • Obtain copies of credit reports for both parties.
  • Know the value of all real estate holdings, business interests, and investment accounts.

Think About Custody Arrangements

If you have children, custody arrangements will be a critical part of the divorce process. It is important to start thinking about what type of custody arrangement you would like for your children, and whether it is in their best interests.

In Arizona, there are two types of custody: legal custody and physical custody. Legal custody refers to the right to make decisions about the child’s upbringing, such as education, healthcare, and religion. Physical custody refers to the amount of time each parent has with the child. Custody can be joint or sole, and it can be awarded to one or both parents.

Some things you should consider when thinking about custody arrangements include:

  • The age of the children
  • Their current routines (school, extracurriculars, etc.)
  • The history of each parent’s involvement in the child’s life
  • Any special needs or considerations of the child

Consider Hiring a Divorce Attorney

While divorce can be expensive, it is important to consider hiring a divorce attorney to help guide you through the process. An experienced divorce attorney can provide valuable legal advice and assist in negotiations between you and your ex-spouse.

Benefits of hiring a divorce attorney include:

  • Advice on the legal implications of each proposal and settlement
  • Assistance in completing legal documents and filing them with the court
  • Representation in court if necessary
  • Negotiating a fair divorce settlement

While it is not necessary to have an attorney in an uncontested divorce, it may still be helpful to consult with one.

Maintain Your Mental Health

Divorce is a stressful and emotional experience that can take a toll on your mental health. It is important to maintain your mental health throughout the process, and seek help from a professional if necessary.

Some tips on how to take care of your mental health during a divorce include:

  • Find a support system of friends and family members
  • Consider therapy or counseling sessions
  • Try to maintain a healthy lifestyle, including eating well and exercising regularly
  • Practice self-care activities like meditation, yoga, or journaling

Be Prepared for the Future

Finally, it is important to be prepared for the future after the divorce is finalized. This includes ensuring financial stability, making child custody arrangements, and creating a new routine for yourself and your children.

Some things to keep in mind for the future include:

  • Updating your will and other important estate planning documents
  • Preparing for tax implications associated with the divorce
  • Establishing new routines for you and your children
  • Taking steps to rebuild your credit if necessary

In conclusion, divorce can be a difficult and overwhelming experience, but being prepared can help make the process smoother. By understanding the divorce process, gathering financial information, thinking about custody arrangements, seeking legal advice, maintaining mental health, and preparing for the future, you can navigate your divorce with greater ease.

The Role of Mediation in Arizona Divorce Cases

Divorce can be an emotionally and financially overwhelming experience for many people. It can also cause considerable stress and anxiety, especially when there are issues to resolve, such as property division, child custody, and spousal maintenance. Mediation is an alternative dispute resolution process that can help individuals going through a divorce to resolve these issues more amicably and without going to court. In this section, we will explore the role of mediation in Arizona divorce cases and how it can benefit divorcing couples.

What is Mediation?

Mediation is an alternative dispute resolution process that involves a neutral third party, the mediator, who helps the parties in a divorce to negotiate and come to an agreement on various issues such as property division, child custody, and spousal maintenance. The mediator assists the parties in identifying their interests and priorities and facilitates communication between them in a safe and confidential environment. Unlike a judge, the mediator does not make any decisions for the parties but instead helps them to find solutions that are mutually acceptable.

Pros and Cons of Mediation

Mediation offers many benefits to individuals going through a divorce, including:

  • Less expensive than litigation

  • Quicker resolution

  • More control over the outcome

  • Less adversarial

  • Confidential

However, mediation is not suitable for everyone, especially in cases where there is a history of abuse or violence. Some other disadvantages of mediation include:

  • The parties must be willing to negotiate and compromise

  • The success of mediation depends on the quality of the mediator

  • The parties must disclose all relevant information

  • There is no guarantee of a resolution

Mediation in Arizona

In Arizona, mediation is mandatory for all divorce cases involving minor children. The court may waive mediation if there is evidence of domestic violence, child abuse, or neglect. The court may also require mediation if the parties cannot resolve their issues through negotiation, but it does not impose any specific or binding resolution. The parties are free to accept or reject any proposed agreements and may still proceed to trial if they cannot reach a settlement.

How Mediation Works in Arizona

Mediation in Arizona usually starts with the parties meeting the mediator and discussing the issues they need to resolve. The mediator will then explain the process, including confidentiality and the potential outcomes. Each party will have the opportunity to state their position and express their concerns. The mediator will then facilitate communication between the parties and help them identify areas of agreement and disagreement. The goal of mediation is to help the parties reach a voluntary, mutually acceptable agreement.
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Benefits of Mediation in Arizona

Mediation is a popular choice for individuals going through a divorce in Arizona because it can offer many benefits, including:

  • Cost-effective

  • Time-efficient

  • Private and confidential

  • Flexible and creative solutions

  • Can preserve relationships and minimize conflict

Additionally, mediation can save the parties time and money by avoiding court fees, attorney fees, and other costs associated with litigation. Moreover, mediation can offer a more dignified and respectful process, especially when compared to adversarial court battles.


In conclusion, mediation can be an effective way to resolve issues in a divorce case in Arizona. It offers many benefits, including cost-effectiveness, flexibility, and privacy. However, it is not suitable for everyone, and the success of mediation depends on the willingness of both parties to negotiate and compromise. If you are considering divorce in Arizona, it is vital to speak to an experienced and knowledgeable divorce attorney who can help guide you through the mediation process and advise you on your legal rights and obligations.

Division of Property

Divorce attorneys in Arizona are frequently asked about the division of property during a divorce. Arizona follows the community property law, which means that all property acquired during the marriage is considered community property and is subject to equal division upon divorce. This includes real estate, personal property, and financial assets.

Real Estate Division

Real estate division is one of the main concerns during divorce proceedings. A couple’s primary residence, vacation homes, and other real estate properties are all subject to division. In community property states like Arizona, it is crucial for divorcing couples to understand that the property will be divided evenly, regardless of who made the down payment or whose name is on the title.

Personal Property Division

Personal property, including household items, electronics, vehicles, and furniture, is also subject to division. As with real estate, the personal property is divided equally among spouses. In some cases, it can become complicated if individuals attempt to claim personal property as separate property, making it challenging to decide who gets what. Divorce attorneys advise their clients to keep documentation of personal property that was acquired during the marriage and to provide clear evidence of separate property, making the division process more straightforward.

Financial Asset Division

In Arizona, financial assets are also subject to division between spouses during a divorce, including retirement accounts, investments, and bank accounts. These assets require a different level of assistance, and it is essential to obtain the services of an experienced divorce attorney, who can help to ensure that the division process is fair and reasonable.

The Pros and Cons of Community Property Law in Arizona

Pros Cons
  • Equal division of property, which can lead to a more equitable outcome
  • Each spouse has an equal share in community property, which may prevent unfair advantage or retribution
  • Separate property may become commingled with marital property, complicating division issues
  • Spouses are required to work together to divide assets, which can exacerbate already strained relationships

Case Study: Division of Property in Arizona Divorce

In a case where the wife owns a successful business, she may argue that the business is her separate property and is, therefore, not subject to division. However, if the husband can prove that he contributed to the business during the marriage, then the court may classify the business as community property, and it will be subject to division. This case highlights the importance of retaining a qualified attorney to handle complex division issues during a divorce proceeding.


Division of property in divorce can be complicated, particularly in community property states like Arizona. Hiring a knowledgeable and experienced divorce attorney can make a big difference in achieving a satisfactory outcome during the property division process. It is essential to provide clear evidence of separate property and maintain accurate records of property acquired during the marriage.

FAQs About Divorce Attorney Arizona

What is a divorce attorney?

A divorce attorney is a legal professional who specializes in representing clients in divorce proceedings. They provide legal advice and guidance throughout the process, including filing for divorce, negotiating separation agreements, and resolving disputes related to property division, alimony, child custody, and support.

What should I look for in a divorce attorney?

You should look for a divorce attorney who has extensive experience in family law, particularly in handling divorce cases. They should have a good reputation, excellent communication skills, and be responsive to your needs. They should also be familiar with the laws and rules specific to Arizona.

How much does a divorce attorney cost in Arizona?

The cost of hiring a divorce attorney in Arizona varies depending on the complexity of the case, the attorney’s experience, and the location. On average, expect to pay between $200 and $350 per hour for an experienced divorce attorney in Arizona. Some attorneys also charge a flat fee for handling a divorce case.

Can I get a divorce without an attorney in Arizona?

Yes, you can get a divorce without an attorney in Arizona, but it’s not recommended. The divorce process can be complex, and there are many legal requirements and deadlines that you need to follow. Without an attorney, you may not be able to protect your rights or negotiate a fair settlement with your spouse.

How long does a divorce take in Arizona?

The length of time it takes to get a divorce in Arizona depends on many factors, including the complexity of the case and whether you and your spouse can agree on the terms of the divorce. In Arizona, there is a 60-day waiting period for a divorce to be finalized after the petition is filed.

What is community property in Arizona?

Community property is a legal concept in Arizona that refers to property and debts acquired by a married couple during the marriage. In general, community property is divided equally between the spouses in a divorce. However, some exceptions and complexities may apply.

What is the difference between legal separation and divorce in Arizona?

Legal separation and divorce are similar, but legal separation does not terminate the marriage. It allows the couple to live separately and establish legal agreements related to property division, custody, and support. In Arizona, the legal process and requirements for legal separation and divorce are practically the same.

How is child custody determined in Arizona?

Child custody in Arizona is determined based on the best interests of the child. Several factors are considered, including the child’s age, health, and education, the ability of each parent to provide care and support, and the child’s relationship with each parent. Joint custody is often favored, but the court may grant sole custody in some cases.

Can a divorce agreement be changed after it’s finalized in Arizona?

Generally, a divorce agreement is final and binding once it’s approved by the court in Arizona. However, if there is a significant change in circumstances, such as a job loss or a medical emergency, you may be able to modify the agreement. The court will have to approve any changes.

Why do I need a divorce attorney in Arizona?

You need a divorce attorney in Arizona because divorce can be a complicated, emotional, and stressful process. A skilled attorney can help protect your rights and interests, negotiate a fair settlement with your spouse, and guide you through the legal process from start to finish.


If you are considering getting a divorce in Arizona, hiring a divorce attorney can be a smart decision. A divorce attorney can help you navigate the legal system, protect your rights, and achieve a fair and reasonable settlement with your spouse. To find the right attorney for you, look for experience, reputation, and responsiveness. Remember that getting a divorce can be a challenging and emotional experience, but with the right help, you can move forward with confidence.

After reading this article, you should have a better understanding of the role of a divorce attorney in Arizona, the legal process for divorce, and the factors that can affect the outcome of your case. If you have any questions or concerns, don’t hesitate to reach out to a qualified divorce attorney. Good luck!