Scottsdale Divorce Lawyers Near You

No. Arizona does not require a reason to divorce. Arizona is a “no-fault” divorce state meaning that parties do not have to prove any wrongdoing of the other party to obtain a divorce. Instead, to obtain a divorce in Arizona, the court must find that the jurisdictional requirements have been met, that the marriage is irretrievably broken, as well as a couple of other findings identified in A.R.S. §25-312. A finding that the marriage is irretrievably broken is a determination that there is no reasonable prospect of reconciliation. There are some additional requirements if you have a covenant marriage.

No. Both parties do not have to agree to a divorce in Arizona. The court does need to make a finding that the marriage is irretrievably broken but if the parties do not agree, there is relief in the law that allows the divorce to proceed so long as one party affirms that the marriage is irretrievably broken.

Anywhere from sixty (60) days to a couple of years. The answer largely depends on the parties and their ability to cooperate in the litigation. If parties have full agreements on all issues, the soonest the court can enter a Consent Decree is sixty (60) days after service of the Petition for Dissolution. In other cases, if parties can complete disclosure quickly and get into mediation, a case can usually be resolved in 4 – 6 months. While issues with discovery, disclosure, parties unwilling to settle, complicated issues needing extended trial time can all create situations where cases take eight months – a couple of years. But your counsel and the court will actively work to keep the case moving forward.

To start the divorce process in Arizona, you need to file a Petition for Dissolution in the Superior Court of Arizona and serve it on the Respondent in accordance with the Family Law Rules of Procedure. From there, the case will proceed in accordance with the applicable rule of procedure and orders from the court.

No. In Arizona, parties can divorce without ever having to appear in court so long as they can reach a settlement without court intervention. The court may set a Resolution Management Conference “RMC”—or an Early Resolution Conference “ERC” if neither party is represented by an attorney—early in the case. An RMC aims to facilitate agreements between the parties and is a touch point for the court to ensure the case is moving forward. But, this hearing can usually be avoided too if settlement has been reached in the case.

In Arizona, the community portion of retirement accounts are equitably divided in a divorce. Now, Arizona requires an equitable division of community property overall. So, parties can be creative in their settlement proposals and agreements. For example, maybe retirement is more important to one party and cash now is more important to the other party. The parties can negotiate for one party to take more of the community interest in the retirement account and the other party take more of the community interest in the available cash, so long as the overall agreement is equitable.

Arizona does not use the term Alimony to identify spousal support in a divorce. Rather, Arizona refers to spousal support as spousal maintenance. The court may grant an award of spousal maintenance for one spouse if the court finds the spouse asking for the award of maintenance meets one of the factors under A.R.S. §319(A). The court determines the amount of the award and the duration of the award using the factors in A.R.S. §25-319(B). At the time of writing this section, the committee is in the process of writing the guidelines related to the 319(B) factors but they have not been published yet.

In Maricopa County, the county filing fee for the Petition for Dissolution is $349.00 and the Response to Petition for Dissolution filing fee is $274.00. Here is a full list of the Maricopa County Superior Court Filing Fees. If you are filing in a different county in Arizona, be sure to check with that specific county because the filing fees do vary.

Hiring an attorney or engaging another legal service to assist you during your divorce would be additional costs. For more information, see our article The Costs Associated with Filing for Divorce in Arizona.

Typically, Arizona divorce lawyers charge between $250.00 and $450.00 per hour. There may be some that charge more or less than that and there are some lawyers who charge a flat fee. Attorneys and law firms set their own billing rates and fee structures guided by industry standards, their specific experience, and the professional rules of conduct.

No, you do not need a lawyer to divorce in Arizona. Parties can represent themselves during an Arizona divorce. The Superior Court has developed a significant resources to help parties who want to proceed without representation. Here is a link to the Maricopa County Family Court Forms. There are additional resources offered through the court, including workshops. Other counties also have resources available so if you are considering proceeding without representation, be sure to do a thorough search online for what may be available.

Consider at least having a consultation with an attorney experienced in Arizona divorce. Divorce can be more complicated than people think, and there are issues that, if not correctly plead, could be lost. Consider consulting with an attorney to make sure you are proceeding appropriately. For more information, read our article DIY Divorce in Arizona (Do it Yourself or Hire an Attorney?).

Often, the parties pay their own fees during a divorce in Arizona. However, there are circumstances where the parties may qualify for a filing fee waiver. There are also circumstances where one party may be ordered to pay for—or contribute to—the other party’s attorney’s fees. But, this needs to be thoroughly discussed with an experienced attorney in relation to the person’s specific situation.

Yes. There are ways to reduce divorce costs, and you should discuss them with your attorney. Their suggestions may include being organized with your documentation and responsive in your communication. They may also suggest attending private mediation or engaging in other forms of settlement.

Community property is subject to equitable division in an Arizona divorce. That does not necessarily mean that it will be split 50/50. Rather, the court looks at what is an equitable division of the community property.

Community debt is subject to an equitable division in an Arizona divorce. Like property, that does not necessarily mean the debt will be divided exactly 50/50. Instead, the court looks at what is an equitable division of the community debt.

No, Arizona does not require separation before one party files for divorce. Separation before a divorce can become a factor if the parties have a covenant marriage.

Unfortunately, there is no clear answer to this question. You should think about what is the best divorce lawyer for you and your case. There are many factors to consider: do they have experience in the specific divorce issues or your case, can you afford their billing structure, and does their style of practice match your expectations? You can also check out their reviews online.

We think one of the most critical factors—assuming they have the appropriate experience as a divorce lawyer—is their communication with you and whether you feel comfortable speaking with them. This is a deeply personal decision, and there needs to be a solid attorney-client relationship, so consider meeting with more than one attorney before making your decision. For additional information, see our articles 10 Questions to Ask Your Divorce Attorney at the First Visit and How to Choose the Right Divorce Lawyer [What To Look For]. Also, if you prefer female representation, read our team spotlight Female Divorce Lawyers.