Divorce

Unfortunately, many American marriages end in divorce. Arizona is a “no-fault” divorce state, which means either party can file for divorce without stating a reason for the divorce. Only one spouse needs to assert that the marriage is “irretrievably broken.” As Arizona is a community property state, property may be assumed to be community – meaning equal to both husband and wife – unless it has been clearly designated as sole and separate property. This may have been completed with estate planning documents or through prenuptial/postnuptial agreements. The mixture of sole and separate property and community property can make divorces more complex.

Our attorneys’ divorce expertise includes:

• Representation of high net-worth individuals with complex holdings.
• Contentious proceedings.
• Formulation of value for businesses, real estate and other assets using forensic accountants, appraisers, and other experts to find and accurately value community assets.
• Analysis of tax implications, retirement plans and benefits.
• Establishment or defense of spousal maintenance and support.
• Creation of parenting plans and child custody. 
• Protection of sole and separate property. 

Divorce is emotionally charged, and can be costly and time consuming. Our family law attorneys often encourage clients to explore alternative dispute resolution methods, such as mediation and arbitration, rather than litigate in the family law courts.

In Arizona, legal separation is comparable to a divorce. However, as the parties are still legally married, neither spouse can remarry until they are divorced. There are circumstances where a legal separation is beneficial, such as one spouse seeks to limit their exposure to debts that the other spouse is incurring. As stated earlier, legal separation and divorce both will determine how marital property will be treated; amount, if any, of spousal maintenance; and child support and custody if minor children are involved. Legal requirements to file for separation closely mirror the Arizona divorce requirements. Prior to filing for legal separation, it is wise to consult with a qualified and experienced family law