Arizona Divorce Lawyers

The unfortunate reality is that not all marriages last forever, and when they begin to unravel, the emotional weight of that realization can be almost as overwhelming as the legal process that ensues. At Weingart Family Law, we understand that divorce is a transition. It is the restructuring of your finances, your parenting schedule, your living situation, and in many cases, your entire future. If you are considering divorce, you likely have questions. Serious ones. Questions about custody. About the property. About what happens next. Continue reading and contact our Arizona divorce lawyers to learn more about divorce in Arizona and how our legal team can help you through it.

What is the Difference Between a Contested & an Uncontested Divorce?

When people hear the term “uncontested divorce,” they often assume it simply means both spouses are getting along. That is not necessarily the case. The true distinction between a contested and an uncontested divorce comes down to agreement.

An uncontested divorce occurs when both spouses agree on every major issue before asking the court to intervene. In Arizona, that means agreement on the following:

• Division of community property and marital debts
• Spousal maintenance, including whether it will be paid and in what amount
• Legal decision-making authority for minor children
• Parenting time schedules
• Child support pursuant to the Arizona Child Support Guidelines

Arizona follows community property laws. Generally speaking, assets and debts acquired during the marriage are presumed to be community property and must be divided equitably. If both spouses can agree on how that division will occur, the process can move far more efficiently.

A contested divorce, on the other hand, arises when even one of these issues remains unresolved. Perhaps one spouse disputes the value of a business. Perhaps there is disagreement over parenting time. Perhaps spousal maintenance is being requested and strongly opposed. When that happens, the case may require temporary orders hearings, discovery, settlement conferences, or even trial.

That being said, many divorces begin contested and ultimately resolve through negotiation.

How Do I File for Divorce in Arizona?

Before filing for divorce in Arizona, at least one spouse must have lived in the state for a minimum of 90 days. If minor children are involved, they must generally have resided in Arizona for at least six months before the court can make custody determinations. The divorce process typically goes as follows:

• A Petition for Dissolution of Marriage is prepared and filed in the appropriate county, such as Maricopa County or Pinal County.
• The filing fee is paid, unless a fee deferral is granted.
• The other spouse must be formally served with the petition and related documents.
• The responding spouse has 20 days to file a Response if served within Arizona, or 30 days if served outside the state.
• If no response is filed, the case may proceed by default. If a response is filed, the matter proceeds as contested unless resolved by agreement.

Arizona also requires a mandatory 60-day waiting period from the date of service before a divorce can be finalized. During this time, either party may request temporary orders addressing child custody, child support, spousal maintenance, or use of the marital home.

Financial disclosures will be exchanged, and settlement discussions often follow. If agreement is reached, the terms are submitted to the court for approval in a Decree of Dissolution. If not, the court will ultimately decide.

Divorce Preparation Checklist

Divorce can feel overwhelming. There is paperwork. There are financial considerations. There are parenting concerns. However, preparing yourself for the process can take a weight off your shoulders. If you are considering divorce, you should try to take the following steps:

• Obtain copies of your last three to five years of tax returns
• Gather recent pay stubs and documentation of all income sources
• Collect bank account statements for all checking and savings accounts
• Secure retirement account statements, including 401(k) plans, IRAs, and pensions
• Document all outstanding debts, including credit cards and loans
• Locate deeds, mortgage statements, and vehicle titles
• Create a realistic monthly budget reflecting your living expenses
• Photograph valuable personal property within the marital residence
• Review beneficiary designations on insurance and retirement accounts
• Consider a proposed parenting schedule that prioritizes your child’s best interests
• Preserve important electronic communications
• Avoid making unusual financial transfers without legal guidance

What Should I Bring to My Initial Consultation With a Divorce Lawyer?

Many prospective clients ask this question, and it is a good one. The more information your attorney has during the initial consultation, the better. If you can, try to bring the following:

• A copy of any prenuptial or postnuptial agreement
• Recent tax returns and proof of income
• Bank and retirement account statements
• A list of marital assets and debts
• Any existing court orders involving you or your spouse
• A written list of concerns or questions
• Relevant communications that may affect custody or financial issues
• Information regarding your spouse’s employment and income

Of course, if you do not have access to every document, that does not mean you cannot move forward. It simply means we may need to obtain certain information through the formal discovery process.

Contact Our Divorce Lawyers in Arizona Today

At Weingart Family Law, we represent clients throughout Maricopa County, Pinal County, Yavapai County, Navajo County, Coconino County, Gila County, Mohave County, and beyond. If you are considering divorce, or if you have already been served with papers, our Arizona divorce lawyers stand ready to help you. Contact us for an initial consultation today so we can discuss your case and begin building a comprehensive strategy on your behalf.