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Women and Divorce

What You Need to Know About Divorce and the Divorce Process for Women in Arizona.

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Divorce Isn't Easy. We Can Help

We had a client who was a successful CEO who had supported her family over the past 20 years. She did not, however, handle the family finances. Her husband was always going to get a better job (or a job period) and help the family. The husband always had a new plan up his sleeve; he was going to stop drinking, he was going to exercise more, he was going to get more clients. But for some reason, nothing ever changed and nothing got better for his wife. She continued to work, take care of the house, take care of the kids and make all the money. Then she discovered that he was having an affair. He blamed his wife for the affair. He threatened her that he would get spousal maintenance and the kids all the time and she would pay him child support. This was the last straw for her and she came to us for advice. She was scared and she was done and she wanted peace and stability. We helped her get her life back on track. And her husband did not get spousal maintenance nor did he get the kids more than half time nor did she pay him child support.

No Fault Divorce

We had a client who was in her early 60s. Her children were grown and she and her husband had always worked hard. They had considerable assets. She wanted to keep working. She also had suffered through years and years of abuse and belittlement. And then she reconnected with an old boyfriend who appreciated her for just being herself. She was treated with respect by this person she had known from her past. And now she decided that she wanted out of her marriage after a dinner party. Her husband berated her at a dinner party at their home and then tried to gaslight her when she told him he hurt her feelings. She had been embarrassed in front of their friends and he thought it was funny.  That was the straw that broke the camel’s back? (there always is one, you know). And then she realized that she had suffered decades of this kind of abuse and gaslighting. He told her that if she wanted a divorce he would take their house and everything in it and all of his retirement and claim she was unfaithful. She reached out to us for advice. We were able to tell that there is no such thing in Arizona: the house and retirement were community property to be split equally and Arizona is a no fault divorce state. A no fault state means that you do not need a reason to get divorced. You can get divorced for no legal reason and any such facts are irrelevant.

Women and Domestic Violence

We have helped women who are so desensitized to being called vulgar names, they almost consider it normal…until they heard their husband berate and use vulgarities against their baby. That was their last straw that broke the camel’s back. Domestic violence can be more than you think: has he stalked you? broken into your phone? read your emails? followed you? called you names? thrown your cell phone across the room? woken you up in the middle of the night to call you names and disturb your sleep? ever blocked you from leaving the room or the house? ever threatened to kill you or hit you? Domestic violence includes physical violence which is the obvious but also can include threats, intimidation, stalking, control and coercion. We have experience protecting women who experience domestic violence. It is not normal to live like this. You do not have to live like this. We can help.

Women and Spousal Maintenance

We have heard it all. We are almost never surprised. You are not alone and you do not have to put up with some of the stories we have heard. We have had many women clients who are very successful in their careers and as mothers but they have been run over by their husbands. We have helped women who never had a handle on their finances start understanding their finances. Even women who have made all the money sometimes, and oftentimes, learn more about their family finances and assets than they ever knew when they were married.  It would not be unusual. On the other hand, there are women we have helped who need to receive spousal maintenance. They have really “held down the fort” and done everything to help run the house and the children and now their husband wants a divorce. She left college for this man and by agreement, she never worked. She is most likely entitled to spousal maintenance until she gets back on her feet in a reasonable amount of time.

Peace of Mind and Empowerment

We helped these women and hundreds like them over the past 15 years. We know we have two jobs as their divorce attorney: one is to give them legal advice and the other is to teach them about the law and empower them about what decisions need to be made. Some attorneys practice law by just telling their clients what to do. The way we practice law is to explain the law to our clients, give our recommendations and then process that information with them so they can make the best decision for themselves. Once women clients know the law, know their options and understand the risk/reward of settling and mediation vs. trial; they are well equipped to make positive decisions for peace of mind and security. Emotionally healthy people want to move on after a divorce and be happy again. There is hope and there is light at the end of the tunnel. We can help with this process.

The Divorce Process

Our experienced team at Best Law Firm has helped thousands of clients. We listen and we thrive on finding effective resolutions to help your family.

Divorce in Arizona
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5 Steps

Divorce in Arizona

  • File For Divorce
  • Serve
  • Respond
  • Docs + Settle
  • Decree, Parenting Plan

How to File For Divorce in Arizona.

What you need to know.

01.

Filing For Divorce

In Arizona, a divorce starts when one spouse files a Divorce Petition (called a Petition for Dissolution) with the court. There are filing fees for a Petition for Dissolution and for filing a Response. Filing Fees:

Petition for Dissolution of Divorce $349

If you cannot afford these fees, you can request that the court waive or defer them.

02.

Serving Petition

In an Arizona divorce, once a Petition has been filed, a copy of the Petition and the related documents must then be legally served on the other spouse.

Service can be accomplished in a few different ways, including by waiver, by personal service, or by process server.

The date of service is important, because it is the date the “marital community” is deemed separated.

03.

End of Marital Community

From the date of service going forward, the parties will no longer accumulate “community” property or debt; that is, property that each spouse has a claim to and debts that each party is deemed equally responsible for.

A Preliminary Injunction will be served along with the Petition. This stops both parties from selling community property, making changes to existing insurance coverage, and removing minor children from the state without court permission or the other parent’s written consent.

Responding to a Petition for Divorce

What you need to know.

01.

Responding

In an Arizona divorce, a Response can be filed after receiving a petition for divorce. The Respondent (responding spouse) has 20 days after service to file a Response to the Petition of Dissolution served within Arizona; he or she has 30 days to respond if served outside of Arizona.

Filing Fees: Response to Petition for Dissolution $274. If you cannot afford these fees, you can request that the court waive or defer them.

02.

If No Response Is Filed

If the responding spouse fails to file a Response within the allowed time, the petitioning spouse may apply for a default judgment.

A spouse applies for a default judgment by filing an Application and Affidavit for Default. The responding spouse will then have 10 days to respond to the Application and Affidavit for Default.

If the spouse fails to respond, a Default Decree of Dissolution of Marriage may be obtained, which grants the divorce on the terms of the spouse who originally filed the Petition.

03.

If Both Parties Agree

If both parties agree to all issues, divorce can be completed rather quickly. In an Arizona divorce, if a Response is filed and the parties are able to agree on all issues, a Consent Decree of Dissolution of Marriage setting forth all the agreements can be submitted to the court. Once the Decree is signed by the judge, the divorce is final.

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We provide specific legal advice on your matter so you can move forward, lessen anxiety and have peace of mind.

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What Happens After You File for Divorce in Arizona

RMC

The court typically starts by scheduling a Resolution Management Conference (RMC) where the parties and their attorneys, if they are represented, go before the court for the first time. At the RMC, the court will attempt to determine if the parties have reached any agreements.

Rule 69 Agreement

If there are agreements, the court may have them recorded as a formal and binding agreement. The court will also determine what, if any, services and/or orders the parties need to help conclude the matter. Those services and/or orders could include drug testing of one or both parents, mental health evaluations, vocational evaluations and business evaluations.

Settlement Conference

Next, the Court will generally schedule a settlement conference with the court’s alternative dispute resolution (ADR) services. A settlement conference involves the help of a neutral mediator who attempts to help the parties resolve the remaining issues without going to trial.

Trial

Last, the court will set a trial date to hear any disputed issues; if the parties are able to settle all issues before the trial date, they can notify the Court to cancel or “vacate” the trial. If the matter does proceed to trial, the court will issue a divorce decree within 60 days of the trial.

Frequently Asked Questions About Divorce

How long will it take to get a divorce?

According to Arizona Revised Statute, section 25-329 and Arizona Rules of Civil Procedure 4.1(c), you must wait at least 60 days from the date your spouse was served before going to Court and having the Decree of Dissolution of Marriage entered. This assumes you and your spouse have agreed on the terms or your spouse is in default. When the spouses cannot agree on how to settle issues such as assets and debts, the length of time to get divorced can be longer. If you litigate the issues, it can take a year or longer.

Where do I file for my divorce?

There are currently four courthouse locations in Maricopa County, which are located Downtown, Northeast, Northwest and Southeast (see resource guide for other county courthouses).

What if my spouse filed and I do not want to get divorced?

You cannot stop your spouse from divorcing you but you can file a request with the court to order a one hour conciliation meeting to try and reconcile. These rules change, depending on the budget, there may be a fee associated with reconciliation. During this “time out” for 60 days, there can be no “discovery” (see glossary) taking place.

What is a Covenant Marriage?

You will most likely know if you have one of these; it is an optional type of marriage created by the state legislature that requires partners to complete marital counseling prior to marrying and to sign a special declaration to obtain a marriage license. In a covenant marriage, a legal separation or divorce may be granted only for certain reasons listed in state law. The law regarding covenant marriages can be found in Sections 25-901 through 25-906 of the Arizona Revised Statutes.

What is a divorce "Decree?"

A Decree of Dissolution of Marriage is the final order of the Court which makes each party a single person again, and includes separate orders concerning child custody and visitation, child support, division of property and debts, spousal maintenance and any other appropriate orders. The Decree is the final order of the court legally ending the marriage. Spouses are not “divorced” until the court grants the divorce and the Decree is signed by the judge. A Decree of Dissolution is a court order and can be enforced just as any other order of the Court.

What if I do not have money to pay the filing or fee?

You may request that the Court waive or postpone payment of the filing or response fees. Forms must be completed and signed by you and submitted to the Court. The forms are free of charge and are available in the office of the Clerk of Superior Court.

How much does it cost to file for divorce in Maricopa County?

The Petitioner (initiator of the divorce) must pay Maricopa County $349.00 as of March, 2010 and the Respondent pays $274.00 for filing an answer.

Can my spouse and I file for divorce together?

No, Arizona does not have a provision for any type of joint filing.

Do I need an attorney for my divorce?

Arizona law allows you to do this yourself. You are considered pro se or pro per; you must follow all the same rules as parties with attorneys. You may have to go into a courtroom but you are held to the standard of an attorney.

Is it possible to represent myself in court?

Yes, as it is not a requirement that you have an attorney to represent you in divorce proceedings. However, the same rules and procedures apply whether you have an attorney or not, which means all papers must be correctly completed and filed on time.

When is my dissolution final?

A dissolution of marriage is final after the judge or commissioner takes testimony, signs the Decree and files it with the Clerk of the Court.

I cannot afford health insurance. If I file for divorce, can my husband stop paying for it while we are in the divorce proceedings?

No. After one spouse is served with the dissolution or legal separation documents, no insurance of any kind can be canceled or modified to the detriment of the other spouse.

Who actually divorces me?

The divorce decree will be from the Judge or Commissioner assigned to your case who works for the Superior Court of Maricopa County, which is a state court.

Am I considered the "bad guy" if I file first?

Someone has to be the Petitioner and someone has to be the Respondent. There is no advantage or disadvantage to either (other than perhaps assignment of the courthouse nearest to the Petitioner).

Does it matter if my spouse was having an affair?

No, Arizona is a “no-fault state,” which means that the court does not require that one spouse prove blame or responsibility in order to end the marriage. However, in Covenant Marriage (see below), a court will not enter a decree of dissolution of marriage unless certain criteria are met. (See Arizona Revised Statute, Section 25-903 for the specific requirements).

What if I change my mind after starting a divorce?

If you and your spouse decide to stay married, the divorce case can be canceled or “dismissed” by filing a request with the Clerk of Superior Court and signed by both parties.

Who can start a divorce case?

In Arizona, either spouse can ask the court for a divorce. A divorce is not awarded to either spouse; rather, it simply changes the status of the marriage relationship.

Will I have a jury if my divorce proceeds to trial?

No, if your case is litigated, you will not have a jury. One judge will make all the decisions that the parties cannot agree on.

We have helped thousands of clients successfully navigate their family law matter.

Schedule your consultation and meet with our team to create a customized game plan and move forward confidently.

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2,000+

Families Helped

1,500+

Trials & Settlements

18+

Years In Business

100+

Years of Combined Experience

Family Law Success Stories

Best Law Firm has helped thousands of families during the past 18 years. We help families through negotiation, settlements, mediations and court litigation when necessary. The goal is to resolve issues with the least amount of money and stress and only use court litigation as a last resort. Every family we meet is important to us so we would like to share just a few of our success stories with you.

We represented an unmarried father and were able to reunite him with his 4 year old son after the mother secretly moved him to Florida.
We represented a mother and were able to require the father to undergo therapy before he could have any parenting time with his three daughters who he had been physically and emotionally abusing. We had a certified domestic violence expert testify in the case.
We represented an unmarried mother and were able to reunite her with her 2 year old daughter after the father took the child in secret without permission or a court order.
We represented a husband who had a large estate and the wife wanted assets greater than their prenuptial agreement allowed.
We represented a wife in a long term marriage to obtain the spousal maintenance that she was due.
We represented the husband whose wife violated their divorce decree's spousal maintenance agreement by living with her boyfriend.
We represented an unmarried mother and were able to obtain a large child support order from the father who was a professional athlete and it was upheld on appeal. (Murphy)
We represented an unmarried father and were able to fight abuse allegations filed against him and get a court order for 50-50 parenting time for his 2 children.
We represented an unmarried father and were able to defend him against false allegations and obtain a court order where he was named primary custodial parent of his 3 year old son.
We represented a mother who lived in Italy whose teenager was unlawfully kept in Arizona after summer visitation by the Father. It was ordered for the child to return to his mom in Italy.
We represented a father whose 2 children were taken to Kansas after their divorce was filed in Arizona and the court ordered them to be returned.
We represented a father who lived in Texas and fought for primary custody of his daughter who lived in Arizona. The daughter was able to move to Texas because of the mother's abuse and neglect.
We represented a Canadian mother whose husband attempted to get a divorce in Arizona where he could keep the kids. Mother had no long term visa and would have lost her children. Tali Collins was a "friend of the court" and was heard at a Canadian hearing on the same matter that had been filed in BC.
We were the mediators for a mother who wanted to keep the community house (and equity) and the father who wanted to keep his community retirement. We were able to craft an agreement where she received more spousal maintenance up front which the husband agreed to pay to keep the community retirement he had earned.
We represented two ER doctors and mediated their parenting agreement which was drafted to help each doctor have the maximum time with their son.
We represented a father who was a doctor and obtained sole custody of his two daughters after the mother had a worsening mental illness.
We represented a father whose former wife attempted to enforce an out of state child support arrears calculation that was incorrect. We also won the case on appeal. (Glover)
We represented a mother and successfully protected against potential kidnapping by the father to a non Hague country, the UAE. The parenting time order put in safety measures and supervisors to protect the daughters.
We represented a father from Japan to obtain a parenting time order for his young son.
We represented a father to severe the rights of the mother with their two daughters after the mother was imprisoned for criminal abuse against them.
We represented a father and were able to negotiate a parenting plan with joint legal decision making and a 50-50 parenting plan for his son.
We represented a divorced couple against the grandmother who wanted visitation time with their daughter against the parents' wishes.
We represented a married couple and negotiated visitation with a former mother in law, grandmother to their son/step son.
We represented grandparents and negotiated parenting time with a previously estranged father of their grandson.

What Our Clients Say

Our experienced team at Best Law Firm has helped thousands of clients. See what some of them have to say about working with us.

J.S
Divorce Mediation

“Ms. Best resolved my spousal maintenance issue with my husband and his attorney in two hours. She accomplished what the lawyers could not do in 9 months of litigation. I am very grateful for her help.”

B.W.
Divorce With Children

“We hired this law firm to represent our son in trying to get joint custody. They did a fabulous job keeping us informed as to their plan each week.  I have to say I do not think my son would be enjoying his daughter right now with his 50/50 custody if it was not for this law firm.”

T.N.
Custody And Father's Rights

“You are the Best, before I retained counsel, I was not able to see my children and did not know what rights a father had in Arizona. I now have joint legal and physical custody. Thank you for all that you have done for my family.”

R.C.
Divorce Mediation

“Thank You! Thank you! Thank You! Thank you for getting my son what he deserves! Thank you for finally ending this 9 year chaos…I slept like a little baby last night! You are all GREAT!”

MM
Family Law

I’ve used Best Law Firm twice now. Excellent communication skills, rapid responses, and they know EXACTLY what they are doing. They look out for you.like one of their own and do everything they can to keep your case cost effective. Highly recommend!

J.G.
Family Law

“The service provided at ‘Best’ was beyond exceptional. The staff at ‘Best’ were professional, going above and beyond their normal duties to help me. I would sincerely recommend ‘Best’ for anyone looking for help with their families legal matters.”

B.H.
Family Law

“I have worked with Best Law Firm on two issues in the past 12 months. Their service is exceptional and the quality of their attorneys is second to none! So, their name (Best) is truly appropriate! I would recommend their legal services to anyone!”

C.J.
Divorce With Children

Thank you for the excellence in your craft and communication each and every step of the way, for the care, for helping me to be brave and strong in holding someone accountable for their wrongdoings, for helping my sons and me to receive the best possible scenario out of the worst situation of my life.

TM
Family Law

“Alan was very professional and quick, he had our paperwork done the same day. When I called him to follow up I was able to speak with him then.  Highly recommend Alan, he’s very easy to talk to, he’s very knowledgeable, and he means business.”

 

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Contact Information

7025 N. Scottsdale Road, Suite 303
Scottsdale, Arizona 85253