Divorce in Arizona

Arizona divorce lawyer explaining property and custody division during separation

What You Need to Know Before Filing

Navigating a divorce is never easy—emotionally, financially, or legally. If you’re considering filing for divorce in Arizona, it’s crucial to understand how state law handles the process. At Rideout Law Group, our experienced Arizona divorce lawyers guide clients through every step, whether you’re filing in Maricopa County, Mohave County, or elsewhere in the state.

Arizona is a “No-Fault” Divorce State

One of the first things to know is that Arizona follows no-fault divorce laws. This means that neither spouse needs to prove wrongdoing (like infidelity or abuse) to file for divorce. Instead, a spouse simply needs to declare that the marriage is “irretrievably broken” with no chance of reconciliation.

However, if your marriage is considered a covenant marriage, you’ll need to meet additional legal grounds—such as abandonment, adultery, or substance abuse.

Residency Requirements for Divorce in Arizona

Before filing, at least one spouse must have lived in Arizona for a minimum of 90 days. If you’re in the military and stationed in Arizona, that counts toward this requirement.

Divorce petitions are typically filed in Superior Court in the county where one of the spouses resides. At Rideout Law Group, we frequently represent clients in both Maricopa and Mohave Counties, including courts in Scottsdale, Lake Havasu City , and Kingman.

Property Division in Arizona: Community Property Rules

Arizona is a community property state, which means that most assets and debts acquired during the marriage are considered jointly owned. Upon divorce, community property is generally divided equally, while separate property (acquired before marriage or by gift/inheritance) remains with the original owner.

Common community property includes:

  • Homes and vehicles
  • Bank accounts and retirement plans
  • Debts, including credit cards or loans

Because division can become complicated, particularly with high-value assets or commingled property, having an attorney is essential to protect your interests.

Spousal Maintenance (Alimony) in Arizona

Spousal support, known in Arizona as spousal maintenance, may be awarded based on several factors including:

  • Length of the marriage
  • Financial need and earning ability
  • Standard of living during the marriage

Unlike child support, Arizona does not have a strict formula for spousal maintenance, so legal advocacy is key to fair outcomes.

Child Custody and Parenting Time

In Arizona, the court uses the term legal decision-making instead of custody, and parenting time instead of visitation. Courts prioritize the best interests of the child, which includes evaluating each parent’s role, stability, and willingness to co-parent.

The court may award:

  • Joint legal decision-making
  • Sole legal decision-making
  • Equal or primary parenting time

Our family law attorneys in Scottsdale and Lake Havasu work to create fair, child-focused parenting plans that fit your family’s needs.

How Long Does a Divorce Take in Arizona?

Even uncontested divorces in Arizona have a 60-day waiting period from the date the petition is served. However, contested divorces involving children, property disputes, or spousal maintenance can take several months to over a year to resolve.

Why Choose Rideout Law Group for Your Divorce Case?

At Rideout Law Group, we provide strategic, compassionate legal support to help you navigate your divorce with confidence. With offices in Scottsdale and Lake Havasu City, our attorneys bring decades of combined experience in Arizona family law.

What Sets Us Apart:

  • 🔹 Former prosecutors turned family advocates
  • 🔹 Aggressive courtroom representation when needed
  • 🔹 Local insight into Maricopa and Mohave County courts
  • 🔹 Responsive, client-centered service

📍 Scottsdale Office: 11111 N Scottsdale Rd, Suite 225, Scottsdale, AZ 85254
📍 Lake Havasu Office: 2800 Sweetwater Ave, Suite A104, Lake Havasu City, AZ 86406
📞 Call us today at (833) 854-8181 or schedule your free consultation online

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