Best Divorce Lawyers Phoenix, AZ Of 2024

• William D. Bishop
• Helen R. Davis
• Christina S. Hamilton
• Norma C. Izzo
• Kristen Kaffer
• Dana M. Levy
• Therese R. McElwee
• Leslie A. Satterlee
• Susan M. Swick
• David P. Uffens

When considering divorce in Arizona, it helps to be aware of some crucial laws and regulations. Here’s what you need to know:

Arizona Divorce Requirements

Arizona’s divorce requirements vary from the laws in other states. Some of the critical factors to consider when getting divorced in the state include:

• Residency Requirements. If you intend to file for divorce in Arizona, you or your spouse must have been a state resident for at least 90 days.
• Legal Separation. You can file for legal separation in Arizona if you don’t want to take the final step of a divorce. However, there is no legal requirement for a separation of any length of time before filing for divorce.
• Filing for Divorce. When filing for divorce in Arizona, you must submit a Petition for Dissolution of Marriage with your county court. This document outlines the grounds for divorce and your requests for crucial matters such as child custody, property division and spousal support.

Types of Divorce and Separation in Arizona

If you’re looking to end a marital relationship in Arizona, several options may be available, depending on your needs, wishes and family circumstances. Here are some of the available choices:

• No-Fault Divorce. Arizona is a no-fault divorce state that allows spouses to file for divorce without blaming the other party or having to prove fault for the marriage breakdown. You can simply state that the marriage is “irretrievably broken.”
• Uncontested Divorce. If you’re looking for a quick and uncomplicated way to end your marital relationship and don’t have children, an uncontested or simplified divorce can be an excellent option. Arizona’s divorce laws allow you to obtain a streamlined summary consent decree provided you and your spouse agree on all crucial matters.
• Contested Divorce. Your divorce is contested if you cannot agree with your spouse on all critical divorce issues, such as property, debt division or child support. Unless you can resolve your disagreements through mediation, you need to go to court and let a judge decide after hearing the evidence from both sides.
• Legal Separation. A legal separation allows you to live apart while remaining legally married. You may prefer a legal separation if you have religious or insurance-related reasons that make divorce unsuitable.
• Covenant Marriage. Arizona allows divorcing a covenant marriage on limited grounds only. Couples must either agree to the divorce or demonstrate fault, for example, adultery, abuse or substance dependence. A divorce can also be granted if the couple has been legally separated and lived apart for a one-year separation period.

Child Custody, Support and Visitation in Arizona

In Arizona, child custody, support and visitation laws don’t favor one parent over the other; they are designed to minimize conflict and protect the child’s best interests. Here’s a concise overview:

• Child Custody. Arizona recognizes two distinct types of child custody: legal and physical. The parent with legal custody makes crucial life decisions, such as schooling. On the other hand, physical custody refers to how the parents share time with the child. Both legal and physical custody can be sole or joint.
• Child Support. Child support in Arizona is calculated by following the income shares model, which factors in both parents’ incomes when assessing the child’s needs. The court typically orders a specific amount to be paid to the custodial parent. The payment is meant for education, healthcare and everyday living costs.
• Visitation Rights. Arizona encourages parents sharing joint custody to have an equal say in decisions concerning their children, including how much time they spend with each parent. The custodial parent may not change the visitation times of the other parent without a prior agreement.

This is just an excerpt of child custody regulations in Arizona. For more in-depth information, consult a Phoenix divorce lawyer who can help you navigate your situation.

Property Division in Arizona

Property division in Arizona follows the principle of community property, meaning assets and debts you or your spouse acquired during the marriage are considered marital property. On the other hand, the assets you owned before getting married remain yours after marriage. Community property is usually divided 50/50.

If one spouse lacks the means to support themselves even after the marital assets are divided or has considerably decreased their income to benefit their spouse during the marriage, they may qualify for spousal support. Alimony is generally based on the marriage’s duration and the financial resources of both spouses. Therefore, if the marriage lasted more than ten years, with one spouse financially dependent on the other, they may qualify for alimony.

Filing and Serving Your Divorce Papers

Filing your divorce begins with the Petition for Dissolution of Marriage form, which you can access via the Arizona Judicial Branch’s website. After completion, the document must be served to your spouse via a process server or certified mail. You can also hand the papers to your spouse and let them sign an acceptance of service form.

Correctly completing and filing the petition and serving your spouse is crucial, as your divorce cannot go forward unless the paperwork is complete and your spouse is served. A divorce attorney can help ensure that this crucial process is completed according to Arizona law and that your divorce can progress without unnecessary delays.

Finalizing Your Divorce

After filing and servicing your divorce papers, Arizona mandates a waiting period of at least 60 days before your divorce can be finalized. In addition to the waiting period, a hearing is typically required to officially end the marriage. During this hearing, the court ensures that all matters, such as child custody and property division, comply with Arizona law and, if so, the court will approve the divorce.

When going through a divorce, especially a contested one, you may be dealing with exhaustion, strong emotions, a stack of paperwork and complex legal issues. Your priority may be to resolve matters as quickly, painlessly and fairly as possible. An attorney helps you achieve these goals in the divorce process by offering:

• Strategic legal planning. Your attorney develops a personalized strategy for your case, aligning with your goals and priorities.
• Asset protection. A divorce lawyer in Phoenix safeguards your financial interests, ensuring you receive a fair share of marital assets and property.
• Child custody advocacy. Your child’s well-being is your priority during a divorce. An attorney protects your parental rights and works diligently in the best interests of your children.
• Negotiation skills. Attorneys are excellent negotiators who may attempt to reach an amicable agreement with your spouse and pave the way for a smooth divorce process.
• Court representation. If your divorce proceeds to court, your lawyer argues your case effectively and advocates for your rights.
• Document handling. Getting divorced involves stacks of paperwork. Your attorney manages legal documents, reducing your stress and administrative burden.

Do You Need an Attorney for Your Divorce?

While having legal advice and guidance is always a good idea, the need for an attorney depends on the complexity of your case. For example, if you and your spouse agree on all major issues, such as child custody and property division, you could proceed without an attorney.

On the other hand, if your divorce is acrimonious or a significant power imbalance exists between you and your spouse, hiring an attorney is crucial. Divorce can be a life-changing event and having a skilled divorce attorney by your side can protect your rights and increase your chances of smoothly transitioning into your new life.

An experienced divorce attorney can protect your legal rights and guide you through this stressful chapter with expertise and understanding. Here’s how to go about finding them:

• Ask for referrals. Word of mouth is one of the easiest and most effective ways to track down an excellent divorce attorney. You could ask your family, friends, and coworkers for referrals.
• Do online research. The internet is a convenient resource for finding divorce attorneys near you. You can also read past client testimonials, attorney’s credentials, and peer reviews online.
• Schedule an initial consultation. Many divorce lawyers offer a free first consultation, which can be an excellent way to get to know a law firm and attorney.
• Ask questions. At the initial consultation, ask your attorney about their experience and track record and discuss their fees so you can make an informed decision.

To come up with the best divorce lawyers in Phoenix of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.

Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:

• Legal experience
• Special licenses and certifications
• Ethics and bar disciplinary measures
• Legal thought leadership
• Education and employment background
• Scholarly lectures and writings
• Awards and honors

Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.

Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.

One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.