Phoenix Divorce Lawyer

If you are facing or in the midst of a divorce, you may feel lost, confused, and unsure about your future. Divorce can be a difficult and emotionally painful experience, especially if you have minor children in common or have significant assets that will need to be divided. Knowing where to turn can make all the difference.

You don’t need to face this challenge alone. Our experienced divorce attorneys can help you understand what to expect and guide you through the process every step of the way. Contact a divorce lawyer at Lincoln & Wenk, PLLC, at 623-294-2464 to learn about your options today.


Sometimes the hardest part about being a divorce lawyer is having a difficult conversation with a client about the uphill battle they face or the risks that are involved in pursuing a certain position in their case. An honest and effective divorce attorney know how to inform their client of the risks and possible outcomes based on their experience and knowledge of Arizona family law, while doing so with compassion.

The divorce attorneys at Lincoln & Wenk act as advisors and counselors to our clients in determining the best strategies for proceeding forward. Knowing when to resolve certain issues out of court, and when it may be necessary to proceed to trial, are strategic decisions that should be discussed openly and honestly with your divorce attorney.

Why Hire a Lawyer for Your Divorce?

You may hope to make it through the divorce process without hiring an attorney, especially if you or your spouse want to keep things civil. Unfortunately, even the simplest divorce may quickly become complicated despite good intentions. Without a knowledgeable divorce attorney on your side, you could end up with an unfair custody order, or lose your fair share of the assets you’ve worked so hard for over the years.

Our team of divorce attorneys at Lincoln & Wenk, PLLC, can assist with the following:

We prefer to use low-cost mediation and negotiation methods whenever possible. However, if necessary, we will fight hard on your behalf. We know what’s at stake and will do everything possible to work toward a favorable outcome in your divorce case.

Child Custody and Visitation

The divorce process in Arizona can be very complex if you and your spouse have minor children to consider. One of our clients’ biggest questions is, “Who will end up with custody of the children?”

In Arizona, the Court and statutes use the terms “Legal Decision Making” and “Parenting Time” to define what is commonly known as “custody.” Legal Decision Making refers to which parent(s) are entitled to make the major decisions regarding the child(ren)’s education, health, and religious training. Parenting Time is the actual schedule that the parents will follow with the child(ren). The court is required to consider statutory factors when determining Legal Decision Making and Parenting Time, such as:

Judges will only consider your child’s preference for parenting time with each parent if they are old enough and of suitable maturity, which is dependent on a number of other variables. Also, keep in mind this is only one factor of several the Court has to consider.

  • The child’s relationship with parents, siblings, and anyone else who could affect the child’s interests
  • The past, present, and future relationship between the child and their parents
  • Which parent is more likely to encourage a relationship between the child and their other parent
  • The parents’ and child’s physical and mental health
  • Whether a parent has committed domestic violence or child abuse
  • Whether a parent has made a false report about neglect or
    child abuse
  • Whether a parent has intentionally misled the court to gain an advantage in litigation

Domestic violence is another important factor affecting Legal Decision Making and Parenting Time in Arizona. If one parent committed domestic violence against the other parent or the child(ren), a judge might award them limited or supervised visitation.

In Arizona, domestic violence includes:
Physical assault
Unlawful imprisonment
Secretly watching victims without their consent

Child custody is a complex and sensitive issue for anyone going through a divorce, which is why you need a family law attorney to advise you throughout the divorce process.

Child Support

Child support is another major issue that will need to be resolved during an Arizona divorce case. In most cases, the parent who does not have primary custody of the child(ren) will need to pay child support to the other parent.

Unless agreed upon by the parties, Arizona uses a child support formula to determine the child support amount, which is based on factors such as:

  • The number of children
  • Each parent’s income or imputed (potential) income
  • The number of parenting time days for each parent
  • The child’s educational, medical, and special needs expenses
  • Whether a parent pays alimony, or has other children
  • The amount paid for the child’s health insurance

Whether you are seeking to establish child support, modify an existing order or enforce a child support order, our team will work hard to protect the best interests of both you and your child(ren). Call a Lincoln & Wenk family law attorney for help with your child support questions today.

Property Division

Arizona is a community property state. Essentially, unless a valid prenuptial agreement exists, the vast majority of all money and property received or earned by either spouse during the marriage is subject to 50-50 division in divorce. This includes retirement accounts, stock options, personal collections and just about any other valuable asset you can name.

If you have a lot on the line in a high net worth divorce, your financial situation going forward may well depend not only on your attorney’s specific legal knowledge, but also on his or her financial acumen and access to quality professional resources. At Lincoln & Wenk, PLLC, we exercise extreme diligence and rigor in defending our clients’ financial interests. Our proven capabilities cover the spectrum of:

  • Comprehensive, proactive investigation and analysis to ensure full financial disclosure is provided by the opposing party when property division may be contested
  • Due diligence to bring forth evidence that specific assets should be treated as separate property, rather than marital
  • Reliance on top-quality experts for testimony on issues such as the proper valuation of a business or professional practice
  • Specific understanding of allocation of military pensions and other key issues in a military divorce
  • Full-service representation on other financial issues such as negotiation or litigation of any spousal maintenance order

For an initial consultation to discuss what matters most to you and viable approaches to your case, please call 623-201-8773 or contact us online.


Spousal maintenance is not a given in every divorce. Rather, the determination of whether to award alimony is dependent on your unique situation. Once the request for spousal support is granted, Arizona courts consider a wide array of criteria to decide on the amount and duration of payments from one spouse to the other, including:

  • The accustomed standard of living throughout the marriage
  • The length of the marriage
  • The age, and the physical and mental conditions of each spouse
  • The comparative financial resources of each spouse
  • Whether the contributions of one spouse affected the other’s earning capacity
  • The ability of the paying spouse to sufficiently support both themselves and their spouse

Call a Lincoln & Wenk Divorce attorney for help with your alimony questions today.

Contested and Uncontested Divorce

A divorce is generally considered “uncontested” if you and your spouse can agree on all of the issues, including division of property and debt, custody, child support, and alimony before filing, or very shortly thereafter.

Uncontested divorces have many advantages for both spouses and their children. This type of divorce is usually much less expensive than a divorce in which parties are not able to reach agreements . Uncontested divorces are also faster because spouses don’t need to spend months litigating their issues and dealing with thecourt’s schedule.

Uncontested divorces often use a dispute resolution method or mediation to help both parties reach a fair agreement. At Lincoln & Wenk, we strongly advocate for mediation and believe in its benefits to both parties in a divorce case, including:

Spouses can preserve an amicable relationship going forward
Spouses are more likely tobuild a healthy co-parenting relationship
Spouses can have more input into decisions (rather than leaving it to a judge to decide)
Far less expensive than litigation

Our attorneys at Lincoln & Wenk, PLLC, have decades of experience handling both contested and uncontested divorces in Arizona. Contact our firm for assistance with your divorce today.

Same-sex Divorce

If you are in a same-sex marriage, you might want to know how Arizona’s divorce laws affect you. In Arizona, the divorce process for same-sex couples is the same as it is for people in heterosexual marriages. However, you and your family likely have unique circumstances, which means you could benefit from the advice of a knowledgeable and experienced divorce attorney.

Military Divorce

Divorce is challenging enough for civilians, but proceedings can be even more complicated for military members and veterans. You may have questions about the division of military retirement benefits or how custody will work if one or both spouses are stationed elsewhere.

If you are a veteran or active duty service member, you need the advice of a trusted attorney with experience serving those in the military. Lincoln & Wenk is a veteran-owned law firm and our Goodyear, AZ office is conveniently located and in close proximity to Luke Air Force Base. Reach out to us today to learn how we can help you navigate this difficult time.

Frequently Asked Questions About Divorce in Arizona

Our attorneys understand the divorce process can be messy and confusing. That’s why we put together answers to several commonly asked questions about divorce in Arizona.


Who is Entitled to the House after a Divorce?


Arizona is a community property state, which means the court will generally try to equally divide all assets and property acquired during the marriage. Property acquired before the marriage is considered separate, which means it will not be divided between spouses, but confirmed to the spouse to which it belongs. However, if a spouse chose to mix (commingle) separate property with community property, the court may decide to award each spouse an equal part of its value. The property division laws are complex, so contact one of our divorce lawyers if you need assistance.


Who Normally Pays Attorneys’ Fees in Divorce?


In the majority of divorce cases, each party is typically responsible for covering their respective attorney fees. Nevertheless, there are situations where a court may require one spouse to cover the legal expenses of the other. In Arizona, divorce laws grant judges the authority to use their discretion in ordering one spouse to shoulder some or all of the legal fees and associated costs of the other spouse. Furthermore, a judge may opt to award legal fees as a penalty for specific misbehavior during the divorce proceedings, such as hiding assets or engaging in fraudulent activities.


Can I move out of State During My Divorce?


Moving out of the marital residence during your divorce case will not impact your property rights. Assuming the house is community property, it will remain so, and will be subject to division along with the rest of your marital property in the divorce case. However, like many other aspects of planning for and navigating a divorce, this step requires careful planning. This and similar issues illustrate the importance of working with an experienced Arizona divorce lawyer from the very beginning. Your attorney’s advice as you separate your households during or in preparation for your divorce can help you avoid missteps that could increase the conflict in your relationship, put stress on your children, and even impact your finances.


How Does Adultery Affect My Divorce in Arizona?


Arizona operates on a no-fault divorce system, meaning that you aren’t required to provide a specific reason for wanting to end your marriage. Typically, people opt for the grounds of “irreconcilable differences” when filing for divorce. Even if you have evidence of your spouse’s infidelity, it’s often advisable to stick with irreconcilable differences. Trying to prove infidelity can add complications and expenses to your divorce proceedings.

It’s important to note that, generally, infidelity doesn’t significantly impact the key aspects of divorce, including the division of property, spousal support, child support, and child custody. Regardless of whether you cite fault in your divorce paperwork or not, you must still meet Arizona’s legal requirements to proceed with the divorce.


Can I File for Divorce in Arizona if We Were Married in Another State?


Arizona Revised Statute 25-312 says that as long one spouse has been an Arizona resident for 90 days, you can file a Petition for Dissolution of Marriage (Divorce) in Arizona, regardless of where you were married. It is not necessary for your spouse to be in Arizona as well.


Does it Matter who Files for Divorce First?


In Arizona, the distinction between being the petitioner, responsible for initiating the divorce and completing the initial documentation, and the respondent, the individual who receives these documents, is not significant.


How Long is the Divorce Process in Arizona?


If you and your spouse agree on everything before the divorce petition is filed, you could be legally divorced in as little as 60 days–the statutory minimum waiting period. If you have issues you can’t resolve by agreement, you’ll have to go to trial and let the judge decide those issues. That process can take a year or more. Most Arizona divorce cases fall somewhere in the middle. 

Request Assistance from A
Family Law Attorney in Phoenix, AZ


genuine advocacy

We pride ourselves on being honest and trustworthy with a genuine passion for helping people.

Personalized Service

We understand that every case is unique, requiring a personalized strategy and plan.

Experienced attorneys

Our attorneys have significant experience navigating the complex family law system and can provide you with the guidance and support you need during this process.

Contact Us

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

1616 North Litchfield Road, Suite 140, Goodvear. AZ 85395
Goodyear Office Location
20830 N. Tatum Blvd, Suite 210 Phoenix. AZ 85050
Phoenix Office Location
14050 N. 83rd Avenue Suite 290, Peoria. AZ 85381
Peoria Office Location