Phoenix Divorce Lawyer

Divorce is one of the most stressful times in life. And it forces decisions you can’t simply undo, such as where your children live or how assets get divided. Most people facing divorce hesitate to hire a Phoenix divorce lawyer and think they can handle Arizona’s divorce process alone. And that’s where things often go wrong.

Lincoln & Wenk is a Phoenix divorce law firm with offices in Phoenix, Peoria, and Goodyear. Our attorneys have worked cases in Maricopa County Superior Court for over two decades, from straightforward uncontested separations to high-conflict custody disputes and complex property litigation.

If you’re looking for a divorce attorney in Phoenix, AZ who knows Arizona family law inside and out, call 623-294-2464 today to schedule a consultation.

 

Why Hire a Phoenix Divorce Attorney

Expertise in Legal Proceedings

Expertise in Legal Proceedings

The people who get hurt most in Arizona divorces are usually the ones who try to handle everything themselves or wait too long to get legal advice.

defend your rights

Defend Your Rights

Arizona’s courts can be unforgiving. If you miss the deadline to respond to your spouse’s petition, a judge may grant them everything they asked for by default. Do you have a verbal parenting deal with your spouse? That may be worth nothing if it’s not in a court order. And if you forgot to disclose an asset, it can end up getting split down the middle, even if it was yours alone.

Effective Negotiation in Guardianship Cases

Professional Negotiation

A divorce attorney’s job isn’t just to fill out paperwork. They are your advocate and there to protect and guide you every step of the way. A good divorce attorney ensures the details of your finances and parenting situation fit your life and long-term goals. Getting those details wrong can mean being stuck with a financial settlement or parenting arrangement that doesn’t suit you for years.

How Divorce Works in Arizona

Arizona Is a No-Fault State

You don’t need to prove your spouse did anything wrong to get divorced in Phoenix. Under ARS 25-312, you can simply tell the court that the marriage is “irretrievably broken.” Fault doesn’t factor into property division or spousal maintenance in Arizona.

Community Property Rules Apply

Arizona is a community property state. That means most property acquired during the marriage belongs to both spouses equally. This includes income, retirement contributions, debts, and more. The court’s default starting point is typically a 50/50 split. But the court can adjust that through equitable division if one spouse has wasted or hidden marital assets.

Separate property is different. Anything you owned before the marriage, or received as a gift or inheritance in your name only, belongs to you. The problem is that after years of shared finances, the line between separate and community property is usually no longer clear. That’s why it ends up one of the most common sources of dispute in Arizona divorces.

You Need 90 days of Arizona Residency Before Filing

At least one spouse must have lived in Arizona for 90 days before the court will accept a divorce petition. If you haven’t hit that mark yet, you’ll need to wait before you can file.

There’s a Mandatory 60-Day Waiting Period

Once the petition is served on your spouse, Arizona law, under ARS 25-329, requires a minimum of 60 days before your divorce can be finalized. Most divorces take longer than that, especially when there are unresolved parenting or property division issues. But 60 days is the minimum.

Covenant Marriages Are Treated Differently

A small number of Arizona marriages are covenant marriages, governed under ARS 25-901. They require premarital counseling and can only be dissolved on specific fault grounds, such as adultery, abandonment, abuse, or imprisonment. If you’re not sure whether your marriage is a covenant marriage, check your marriage license.

 

The Arizona Divorce Process, Step by Step

 

process of filing a guardianship petition

Consultation with a Phoenix divorce attorney.

This is where you take stock of your situation. Your attorney will explain your rights under Arizona law and give you a realistic picture of what your case involves. It’s also your chance to ask every question you’ve been sitting on.

Divorce Lawyer to negotiate fair and sustainable spousal support agreements

Filing the petition

We’re committed to protecting your parental rights and ensuring the best interests of your children. Our law firm offers dedicated legal representation to negotiate child custody arrangements and visitation schedules that uphold your family’s well-being and stability.

Financial needs and obligations in Divorce

The response

Your spouse has 20 days to respond if they were served in Arizona, or 30 days if served out of state. If they don’t, you can ask the court for a default judgment, which means the divorce may be granted on your terms without their input.

Alimony Spousal Support and Maintenance Lawyer

Financial disclosure

Both spouses are required to exchange financial information, such as income, assets, and debts. If your spouse has been hiding money or assets to keep them out of the split, this is usually where it comes out. Your attorney can request bank statements and tax returns to track down anything that was left out of the disclosure.

Alimony Lawyer for getting a fair spousal support

Negotiation or mediation

Most Arizona divorces settle before trial. The parties and their attorneys work out the terms, or a neutral mediator facilitates the process. The full agreement is then submitted to the court as a “consent decree.”

Divorce Mediation in Phoenix

Trial (if needed)

Sometimes, a divorce is so acrimonious that an agreement seems impossible. In this case, the divorce goes before a judge. Both sides present their case on property, parenting, support, and any other unresolved issues. And the judge decides on how to resolve the issues.

The Decree of Dissolution

A Phoenix court issues a “Decree of Dissolution of Marriage” once all terms are approved. That document finalizes your divorce and is legally binding. Both parties must follow the details set out in the agreement from the moment it’s signed.

How Our Phoenix Divorce Attorneys Can Help

Lincoln & Wenk handle every type of divorce case filed in Maricopa County. We want to make the divorce process as stress-free and quick as possible for you, so you can get your life back on track again. Here’s how we can help.

Uncontested and Contested Divorce

An uncontested divorce means both spouses agree on every issue, including how assets are divided and child custody. Uncontested divorces are much faster and less expensive than contested divorces. We can help you document the divorce agreement properly so it holds up in court.

For contested cases, a divorce litigation attorney becomes essential, especially when negotiations break down and your case heads to court. Our divorce litigation attorneys represent your interests through every stage, including trial (if it comes to that).

Property and Debt Division

Dividing a house or a business requires more than basic math. We work to identify all marital assets, trace what’s separate and what’s common property, and reach a property division that’s legally sound and fair to you.

Legal Decision-Making and Parenting Time

Arizona doesn’t use the word “child custody.” The state uses two terms: “Legal decision-making,” which covers who decides about your child’s education, healthcare, and religious upbringing. And “parenting time,” which is the physical schedule. We work toward arrangements that reflect your children’s real needs and protect your rights as a parent.

Child Support

Arizona calculates child support using both parents’ incomes and how much time each parent physically has the kids. If your spouse underreports what they earn, or the parenting time split isn’t properly captured, the monthly child support figure can be much lower than it should.

And because more parenting time means lower payments, that split is often hotly disputed. We go through the income figures and the parenting schedule so that the figure the court sets is accurate.

Spousal Maintenance

When deciding spousal maintenance (also called alimony), Arizona courts look at:

  • The length of the marriage
  • Each spouse’s earning capacity
  • The standard of living during the marriage

We help you build the strongest case for the support you need, or push back on a request that isn’t fair.

Divorce Mediation

Mediation gives you more control than a trial, which can be unpredictable. Our attorneys prepare you for divorce mediation and sit with you through every session. Nothing is signed without us going through it line by line to protect your interests.

High-Net-Worth Divorce

When a marital estate includes businesses, investments, or complex retirement assets, you need attorneys who can work alongside financial experts to get the high-net-worth divorce valuations right. A business valued too low, or retirement accounts divided without the right court orders, can cost you long after the divorce is signed and sealed.

Military divorce

Military divorces can be tricky as they come with additional rules that don’t apply to civilian cases, particularly around pension division and benefits. If you or your spouse is active duty or a veteran, talk to one of our military divorce attorneys before you sign anything.

Same-Sex Divorce

Same-sex couples in Arizona have the same legal rights in divorce as any other married couple. That covers everything from property division to parenting time and spousal maintenance. We represent all families. If you have questions about how Arizona law applies to your situation, our same-sex divorce attorneys can walk you through it.

What Divorce Costs and How Long It Takes

Every divorce is unique, and so are the costs and how long it takes. What you pay and how long you wait depend almost entirely on how much you and your spouse can agree on.

Uncontested Divorces

An uncontested divorce, where both sides have already worked out all the terms, costs significantly less and wraps up much faster. Filing a standard petition in Maricopa County currently costs $376, plus $287 if your spouse files a formal response.

Couples who agree on everything up front can skip that process entirely and use Arizona’s Summary Consent Decree, which carries a single $331.50 filing fee. Either way, those are the court’s costs only. Attorney fees, if you wish to use one, are separate.

With everything in order, some uncontested cases are finalized within two to four months of filing in Arizona.

Contested Divorces

A contested case can drag on for a year or more and rack up tens of thousands of dollars or more in attorneys’ fees and legal costs. Most Arizona family law attorneys bill hourly, so every disputed motion and every additional hearing adds to the timeline and the bill. The biggest cost driver is conflict, particularly over child custody and complex assets.

A good attorney can help you pick your battles and reduce conflict in a contested divorce. They can identify what’s worth fighting for rather than disputing every little detail. Some issues cost more to litigate than the outcome is worth, and knowing that difference right from the start can save you a lot of money and time.

Why Choose Lincoln & Wenk

Going through a divorce turns your life upside down. You’re forced to make decisions about your finances and your children while under immense stress. We understand. Our divorce lawyers in Phoenix at Lincoln & Wenk have sat across the table from hundreds of people in exactly your position.

With two Arizona Board-Certified Family Law Specialists, Michael A. Lincoln and Russell F. Wenk, and decades of Maricopa County courtroom experience behind us, you’re in good hands. We work to protect you throughout your divorce. Our accolades underline our experience and reflect what other attorneys, judges, and clients say about us.

Michael A. Lincoln has been licensed since 2005, and Russell F. Wenk has been named to Super Lawyers every year from 2019 to 2024. Both have served as Judge Pro Tem for the Maricopa County Superior Court. The firm holds an AV Preeminent rating through Martindale-Hubbell and an A+ rating with the Better Business Bureau.

Schedule Your Consultation
Family Law Specialist Arizona

What Our Divorce Clients Say

I had a great experience working with Russell and Barb. They were very professional, communicative and very knowledgeable in handling my divorce case. My divorce was painless and I was always kept informed of status updates and next steps. I appreciate their role in helping me navigate through what is usually a difficult and painful process. I would definitely recommend them.” N.R.

N.R

The whole office was so helpful and professional, and Russell and Mireya were AMAZING! They handled everything for me, and made my divorce go a lot smoother and faster than I expected. They helped take the stress out of (what could’ve been) a very stressful situation.” C.B.

C.B

Erin Grimm was fantastic to work with. I had an enforcement issue related to a divorce and she was able to resolve the issue very quickly and professionally. Tammy was awesome getting things together and keeping me up to date. This went more smoothly than I ever could have imagined and I owe that to Erin (and probably a little luck). Highly recommend

J.A

Our Offices

Our divorce lawyers in Phoenix, Peoria, and Goodyear are ready to help. We serve clients from three offices across the Phoenix metro and West Valley:

  • Phoenix: 20860 N Tatum Blvd, Suite 125, Phoenix, AZ 85050
  • Peoria: 16165 N. 83rd Avenue, Suite 200, Peoria, AZ 85382
  • Goodyear: 1616 North Litchfield Road, Suite 140, Goodyear, AZ 85395
Schedule Your Consultation

Frequently Asked Questions

Q.

How much does a divorce lawyer cost in Arizona?

A.

The cost of a lawyer for divorce depends on how complicated your case is. An uncontested divorce costs far less than a contested case that requires negotiation or trial. Most Arizona family law attorneys charge hourly rates, and the more unresolved issues you have, the more time your attorney has to spend. At your consultation, we give you an honest picture of what your situation may require.

Q.

What is a spouse entitled to in a divorce in Arizona?

A.

In Arizona, each spouse is generally entitled to half of all community property, meaning the assets and debts acquired during the marriage. That includes income earned and retirement accounts built up while you were married. Separate property, meaning what you owned before the marriage or received as a gift or inheritance, isn’t divided.

Q.

Why is moving out often a mistake during a divorce?

A.

Leaving the marital home before the divorce is finalized can work against you in two ways. First, a judge may see the parent who stayed as the more stable option for the children. Second, moving out doesn’t end your financial obligation for the mortgage or rent, and it can weaken your claim to the property. Once a divorce is in motion, get legal advice to ensure you’re not making any costly mistakes.

Q.

Is divorce 50/50 in Arizona?

A.

In theory, yes. The starting point is equal division (50/50) of community property. But in practice, the court can adjust that through equitable division if one spouse has wasted or hidden marital assets. And remember, the equal division principle applies to community property only. Separate property (like inheritances and gifts) stays with the original owner.

Q.

What is the fastest way to get divorced in Arizona?

A.

An uncontested divorce, where both spouses agree on all terms before filing, is the fastest and cheapest option. The legal minimum in Arizona is 60 days from service of the petition. And if your consent decree is well-prepared without any loose ends, you could finalize your divorce in two to four months.

Q.

Can you get a divorce without going to court in Arizona?

A.

Yes. If both spouses reach a complete agreement, they submit a consent decree to the court. A judge then reviews and approves it without requiring either party to appear at a hearing. This is how most uncontested divorces are finalized in Arizona.

Q.

Is there a separation period required before filing in Arizona?

A.

No. Arizona doesn’t require you to live apart before filing. What’s required is that one spouse has been an Arizona resident for at least 90 days. There’s also a 60-day waiting period after the petition is served. But there’s no mandatory separation period.

Q.

Does it matter who files first?

A.

Filing first doesn’t give you a legal advantage. The only difference is that at trial, the spouse who filed presents their case first. Arizona is a no-fault state, so who initiated the divorce has no bearing on how property division, parenting time, or alimony is decided.

Q.

Can I file in Arizona if I was married in another state?

A.

Yes. Arizona courts have jurisdiction over your divorce as long as one spouse has lived in the state for at least 90 days before filing. Where you got married doesn’t affect where you can file for divorce.

Ready to Talk to a Phoenix Divorce Lawyer?

The sooner you get your divorce finalized, the sooner you can get your life back on track. Call 623-294-2464 or contact Lincoln & Wenk online to schedule a consultation. We serve clients from offices in Phoenix, Peoria, and Goodyear. Our Phoenix divorce attorneys walk you through your options clearly and help you figure out your next move.

Schedule Your Consultation
Book a Free Consulation with an Attorney

Call us at 623-294-2464 or contact us to schedule your consultation today.

GOODYEAR OFFICE
1616 North Litchfield Road, Suite 140, Goodvear, AZ 85395
Goodyear Office Location
PHOENIX OFFICE
20860 N Tatum Blvd, Suite 125 Phoenix, AZ 85050
Phoenix Office Location
PEORIA OFFICE
16165 N. 83rd Avenue Suite 200, Peoria, AZ 85382
Peoria Office Location