Divorce is rarely easy, but it doesn't have to be destructive. In Arizona, a "no-fault" divorce state, the legal process focuses on the equitable division of assets and the restructuring of family life, rather than assigning blame.
At Paradise Law, I handle everything from uncontested dissolutions to complex, high-conflict litigation. Whether you are facing a high-net-worth split involving business interests or a straightforward separation, my goal is to achieve a resolution that allows you to move forward with financial security and peace of mind.
Preliminary injunction automatically restricts both parties
Arizona Divorce Requirements
Arizona requires that at least one spouse be a resident of the state for 90 days before filing for divorce. Arizona is a no-fault divorce state, which means you don't need to prove wrongdoing by your spouse to obtain a divorce.
60-Day Waiting Period
Arizona has a mandatory 60-day waiting period from the date your spouse is served before the court can finalize your divorce. This waiting period cannot be waived, even if both parties agree to everything. Plan your timeline accordingly.
The most common grounds for divorce in Arizona are:
Irretrievable breakdown of the marriage
Living separate and apart for at least two years
Covenant marriage dissolution grounds (if applicable)
The Arizona Divorce Process
The divorce process in Arizona involves several key steps:
Filing the Petition: One spouse files a petition for dissolution of marriage
Service of Process: The other spouse must be officially served with divorce papers
Response: The served spouse has 20 days to respond to the petition
Discovery: Both parties exchange financial and personal information
Negotiations: Attempts to reach agreement on key issues
Trial: If no agreement is reached, the case goes to trial
20-Day Response Deadline
Once served with divorce papers, you have only 20 days (30 days if served out of state) to file a response. Missing this deadline can result in a default judgment, meaning your spouse could receive everything they requested without your input.
Property Division in Arizona
Arizona follows community property laws, meaning that most property acquired during the marriage is considered community property and will be divided equally between spouses.
Community property includes:
Income earned during marriage
Property purchased with community funds
Retirement benefits accrued during marriage
Debts incurred during marriage
Separate property, which remains with the original owner, includes property owned before marriage and gifts or inheritances received by one spouse.
Community vs. Separate Property
Community Property (Divided 50/50)
Income earned during marriage
Property purchased with marital funds
Retirement contributions during marriage
Debts incurred during marriage
Business interests started during marriage
Separate Property (Stays with Owner)
Property owned before marriage
Gifts received by one spouse
Inheritances (even during marriage)
Property from personal injury awards
Items excluded by prenuptial agreement
Documentation Strategy
Start gathering financial documents early. Collect tax returns (3-5 years), bank statements, retirement account statements, mortgage documents, and credit card statements. Organized documentation speeds up the process and reduces attorney fees.
Arizona Divorce Statutes and Legal Framework
Arizona divorce law is governed by several key statutes under Arizona Revised Statutes Title 25. Understanding these statutes is crucial for anyone navigating divorce in Arizona:
A.R.S. § 25-312: Dissolution of marriage; findings necessary
A.R.S. § 25-314: Pleadings; contents; defense; joinder of parties; confidentiality
A.R.S. § 25-318: Disposition of property; retroactivity; notice to creditors; assignment of debts; contempt of court
These statutes establish the legal foundation for divorce proceedings in Arizona, including grounds for divorce, property division principles, and procedural requirements. Arizona courts must follow these statutory guidelines when making decisions about your case.
Contested vs. Uncontested Divorce in Arizona
Understanding the difference between contested and uncontested divorce can significantly impact your timeline, costs, and stress levels:
Contested vs. Uncontested Divorce
Uncontested Divorce
Both spouses agree on all major issues
Typically resolves in 60-90 days
Lower costs: $3,500 flat fee (plus filing fees)
Reduced emotional stress
No trial required
Contested Divorce
Disagreements on property, custody, or support
Takes 6-18 months to resolve
Higher costs: $5,000-$15,000+
Discovery and depositions required
May require trial or mediation
Uncontested Divorce
An uncontested divorce occurs when both spouses agree on all major issues:
Property and debt division
Legal decision-making and parenting time
Child support amounts
Spousal maintenance (if applicable)
Benefits include faster resolution (60-90 days), lower costs ($3,500 flat fee), and reduced emotional stress.
Contested Divorce
A contested divorce involves disagreements requiring court intervention:
Contested divorces typically take 6-18 months and cost $5,000-$15,000+ depending on complexity.
Arizona Divorce Timeline and Process
The Arizona divorce process follows a specific timeline with built-in waiting periods and procedural requirements:
Phase 1: Filing (Days 1-30)
Prepare and file petition for dissolution
Pay court filing fees (approximately $376 for petitioner in Maricopa County)
Serve spouse with divorce papers
Respondent pays approximately $287 filing fee when responding
Temporary orders may be requested
Fee Waivers Available
Can't afford filing fees? Arizona courts offer fee deferral or waiver for those who qualify based on income. Ask the court clerk for an Application to Defer or Waive Court Fees, or download from the court website.
Maricopa County E-Filing
Maricopa County Superior Court requires electronic filing for represented parties through AZTurboCourt or approved e-filing systems. Self-represented parties may file in person at:
Central Court Building: 201 W. Jefferson St., Phoenix
Southeast Regional Center: 222 E. Javelina Ave., Mesa
Northeast Regional Center: 18380 N. 40th St., Phoenix
Northwest Regional Center: 14264 W. Tierra Buena Ln., Surprise
Phase 2: Early Resolution Conference (Days 30-90)
In Maricopa County, most divorce cases require an Early Resolution Conference (ERC) within 60-90 days of filing. This mandatory meeting helps:
Identify agreed-upon issues
Narrow disputed matters
Explore settlement opportunities
Establish case management timeline
Determine need for mediation or evaluation
Phase 3: Response and Discovery (Days 30-120)
60-day mandatory waiting period begins after service
Spouse files response or default may be entered
Financial disclosures exchanged
Discovery process if contested
Phase 4: Negotiation and Resolution (Days 120-365)
When children are involved, Arizona divorce proceedings become more complex with additional requirements and considerations:
Mandatory Parenting Classes
Arizona requires divorcing parents to complete a court-approved parenting class addressing:
Effects of divorce on children
Communication strategies
Conflict resolution techniques
Co-parenting skills
Best Interests of the Child Standard
Arizona courts use the 'best interests of the child' standard when making custody decisions, considering:
Parent-child relationships
Adjustment to home, school, and community
Mental and physical health of all parties
Which parent is more likely to allow frequent contact with the other
History of domestic violence or substance abuse
Parenting Plans
All divorces involving children require a detailed parenting plan covering:
Legal decision-making authority
Parenting time schedules
Holiday and vacation schedules
Transportation arrangements
Communication protocols
Dispute resolution procedures
Divorce Involving Domestic Violence
When domestic violence is present, Arizona divorce proceedings require special protections and considerations:
Orders of Protection
Emergency and temporary orders of protection can provide immediate safety:
Prohibit contact or communication
Require batterer to leave shared residence
Establish temporary custody and parenting time
Order temporary financial support
Impact on Custody Decisions
Arizona law presumes that joint custody is not in the child's best interests when domestic violence has occurred. Courts consider:
History of domestic violence between parents
Impact on children who witnessed violence
Safety of children during parenting time
Supervised visitation requirements
Safety Planning
Comprehensive safety planning is essential throughout the divorce process:
Secure housing arrangements
Financial independence planning
Documentation of abuse incidents
Coordination with victim services
The Legal Process
Petition & Service
The process begins when one spouse files a Petition for Dissolution. The other spouse must be formally served and has 20 days to respond.
Temporary Orders
If needed, I request court orders for immediate spousal support, legal decision-making, and bill payment while the divorce is pending.
Common Questions
How long does a divorce take in Arizona?
There is a mandatory 60-day waiting period from the date of service. Uncontested cases can finish in 60-90 days. Contested cases typically take 6-12 months, and complex high-asset divorces may take longer.
Does infidelity affect the divorce outcome in Arizona?
Generally, no. Arizona is a no-fault state, so infidelity usually does not impact property division or spousal maintenance. However, if marital funds were spent on an affair (dissipation of assets), the court may consider this when dividing property.
How much does a divorce cost in Phoenix?
Costs vary significantly. Court filing fees in Maricopa County are subject to change (approx. $300-$400 for petitioner). Uncontested divorces typically cost $3,500 flat fee (plus filing fees), while contested divorces can range from $5,000 to $15,000+ depending on complexity.
Anthony F. Paradise, Esq.
I didn't choose family law. I chose the courtroom.
The preparation. The argument. The moment when everything you've built either holds or falls apart. After earning my J.D. from Arizona Summit Law School, I clerked for a prominent criminal defense and wrongful death attorney. I learned how to build cases that hold up under pressure and how to perform when everything is on the line.
When I committed to practice full time, I brought that same intensity to family law. I understood what it feels like when everything you've built is coming apart. And I learned that how something ends matters as much as how it began.
I have devoted 100% of my practice to family law since 2020. Not because it's easy. Because it's where I belong.
10+Years Licensed
100%Family Law Focus
My Philosophy
From Crisis to Clarity
I have helped hundreds of clients and consulted with thousands. My job is to move you from crisis to clarity — with a plan, a strategy, and someone in your corner who knows the details of your case better than anyone.
Relationships are hard. Sometimes the healthiest thing for you, for your children, for everyone, is to separate. But how you end matters as much as why.
What a Good Outcome Looks Like
Divorce ranks alongside death for its toll on mental health. There is no victory lap here.
A good outcome looks like this: someone walks through my door in crisis, and six months later, their life is meaningfully better. They call to tell me their kids are adjusting. They're sleeping again. They can see a future.
Every Document. Every Detail. Me.
I have seen what happens when attorneys grow their practices too fast. More clients. More revenue. And attention drifting toward management instead of cases. I watched the details slip. That's not the practice I wanted to build.
No Associate Handoffs
I am not handing your file to an associate who won't remember it when it counts. You hired me. You get me.
Evidence Mastery
I touch every piece of evidence in your case. Every email. Every bank statement. I know the details better than anyone in the room.
Direct Strategy
My approach is simple: Build a record that holds up on appeal. Prepare thoroughly to create leverage.
Our Office
Visit Us in Phoenix
Paradise Law Office, PLLC2801 E Camelback Rd Ste 200 Phoenix, AZ 85016
