Divorce or dissolution of marriage in Arizona is often emotional, expensive, and time-consuming. Since marriage is a legal commitment, a divorce also has significant legal implications. Whether the decision is mutual or one-sided, proper preparations before filing can make the process smoother and more manageable. Arizona, like many states, has specific divorce laws that impact property division, custody arrangements, and alimony decisions.
If you’re considering divorce in Arizona, here are some critical steps to take before you file. Being proactive now can protect your rights and set the foundation for a more favorable outcome later.
- Understand Arizona’s Divorce Laws
Before filing, it’s essential to familiarize yourself with Arizona’s divorce requirements. First, Arizona is a ‘no-fault divorce’ state, which means you do not need to prove wrongdoing by your spouse when filing for divorce. The family law court only needs you to show that the marriage is irretrievably broken to grant a divorce.
Additionally, to file for divorce in Arizona, at least you or your spouse must have been a resident of the state for at least 90 days. If you and your spouse have children, they must have lived in Arizona for at least six months for the court to have jurisdiction over custody matters.
You also need to understand that Arizona follows community property laws. This means most property and debts acquired during the marriage are considered jointly owned and will be divided equally during the divorce.
- Gather and Organize Financial Records
Dividing finances is one of the most complex parts of the divorce process. To ensure fair distribution, start by collecting and organizing important financial documents, including:
- Bank statements, including checking, savings, joint, and individual accounts
- Tax returns from the past 3-5 years
- Pay stubs and employment records
- Mortgage or lease documents
- Retirement account statements, including 401(k), IRA, and pensions
- Investment portfolios
- Credit card and loan statements
- Insurance policies (life, health, auto)
Having this paperwork ready will allow your attorney and the court to assess your financial situation accurately. Be sure to keep both physical and digital copies in a safe location. If you suspect your spouse may hide or manipulate financial data, discreetly gather these documents early in the process.
- Assess Your Assets and Debts
Understanding your current financial situation will make it easier to navigate negotiations. Start by listing all assets acquired during the marriage, including real estate and vehicles, furniture and appliances, and business interests. Other assets you may acquire during marriage include stocks, bonds, mutual funds, jewelry, collectibles, and other valuables.
You also need to identify liabilities, including mortgage or rent obligations, car loans, credit card debt, medical bills, and personal or business loans.
Determine what may qualify as separate property (owned before marriage, inherited, or gifted solely to one spouse), which is generally not divided in the divorce. Knowing what is legally yours can make a significant difference in settlement discussions.
- Create a Parenting Plan (If You Have Children)
For divorcing parents, the most emotionally charged aspect is often child custody and parenting time. Arizona courts prioritize the best interests of the child, taking into account factors such as the child’s relationship with each parent, the parents’ ability to cooperate, and the child’s adjustment to home and school.
Before filing, consider:
- Your preferred custody arrangement (sole vs. joint custody)
- How parenting time should be divided (weekdays, weekends, holidays)
- The child’s needs, schedule, and preferences, if age-appropriate
- Your current involvement in daily parenting tasks
Starting to document your involvement now, like who takes the child to school, attends appointments, or helps with homework, can help strengthen your case in a later dispute. A detailed, child-focused parenting plan can show the court your willingness to support, stability, and cooperation.
- Establish a Support System and Prioritize Self-Care
The divorce journey can be emotionally draining. It’s not uncommon to experience stress, anxiety, sadness, or even guilt. Preparing for this emotional toll is just as important as organizing legal documents. Some of the steps you can take to prepare yourself emotionally include:
- Seeking a therapist or counselor to help you cope
- Joining a divorce support group, local or online
- Confiding in trusted friends or family members for emotional support
- Making time for self-care, including exercise, sleep, nutrition, and hobbies that can help you stay grounded
Prioritizing your mental well-being will enable you to make clearer, more confident decisions throughout the divorce process.
- Consult with an Arizona Divorce Attorney
One of the most important steps you can take before filing is to seek the services of a knowledgeable Arizona divorce attorney. Even if you’re still unsure whether divorce is the right choice, a lawyer can help clarify your options, answer your questions, and prepare you for what lies ahead. A local family law attorney can:
- Explain how Arizona divorce laws apply to your situation
- Help you develop a legal strategy based on your goals
- Assist with temporary orders for support or custody, if needed
- Identify potential risks or legal challenges
- Protect your interests throughout the proceedings
Choosing an experienced attorney who understands Arizona’s court system and has handled similar cases can make a significant difference in the outcome of your divorce.
Contact a Tucson Divorce Lawyer
Preparing for a divorce in Arizona involves much more than filing paperwork. It requires emotional readiness, financial awareness, legal insight, and a solid plan for your future. You can take control of the divorce process by understanding Arizona’s laws, organizing your financial information, considering parenting arrangements, and seeking legal guidance.
If you’re in Tucson, AZ, and considering divorce or have questions about your rights, contact our skilled and experienced Tucson divorce attorney at RPM Law. We’re here to guide you through the divorce process, protect your rights, and ensure you get the outcome you want. Contact us today for a free consultation and to learn more about our services.
