Phoenix Divorce Lawyer

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.

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.

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.

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.

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.

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.

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.