Top Questions People in Phoenix Ask About Divorce

Divorce can feel overwhelming — emotionally, financially, and legally. In Arizona, many people share the same questions when considering whether to file. Here are the top ones we hear from clients in Phoenix and across the state:

1. How long does it take to get a divorce in Arizona?

Every case is unique, but an uncontested divorce (where both parties agree on terms) can take as little as 90–120 days. However, if there are disputes over property, custody, or support, the process can extend much longer. The timeline depends on how quickly issues are resolved and whether court intervention is needed.

2. Which assets are subject to division — and will I lose “everything”?

Arizona is a community property state. This means most assets (and debts) acquired during marriage belong equally to both spouses. However, separate property—anything owned before marriage or received as a gift or inheritance—usually remains yours, as long as it’s kept separate. Understanding what counts as community vs. separate property is key to protecting your assets.

3. How does child custody (or parenting time) work?

In Maricopa County and across Arizona, the courts prioritize the child’s best interests. “Custody” here is divided into two concepts: legal decision-making (who makes major life decisions for the child) and parenting time (the physical time each parent spends with the child). The court encourages shared responsibilities unless there are safety concerns.

4. Will I owe or receive spousal maintenance (alimony)?

Spousal maintenance depends on many factors — the length of the marriage, each spouse’s financial resources, earning capacity, and whether one spouse supported the other’s education or career. Arizona judges use these details to decide the amount and duration of support.

5. What if my spouse won’t cooperate — or I don’t know where they are?

You can still file. Arizona law allows you to move forward with a divorce through service by publication or other legal means if your spouse cannot be located or refuses to participate.

6. Is divorce the same as legal separation or annulment?

No. Divorce ends the marriage entirely. Legal separation allows couples to live apart and divide assets but remain legally married, which can help with insurance or religious concerns. Annulment, meanwhile, treats the marriage as if it never existed, but it only applies in specific situations.

7. How do I protect my assets before filing?

It’s wise to gather financial records, monitor joint accounts, and avoid large transactions. If you suspect your spouse might hide or waste assets, speak with an attorney early — Arizona courts take dissipation of assets seriously.

Whether you’re just starting to explore your options or ready to file, understanding Arizona’s divorce process can help you make confident decisions. If you’re in Phoenix or the surrounding areas, our firm is here to help guide you through every step — with clarity, compassion, and experience.

Call us now to schedule a consultation: (602) 586-5625. 

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