Your Biggest Arizona Divorce Questions, Answered by Experts

You likely have many questions running through your mind right now: Which divorce process is best? How much will this cost? What will happen to my property? We’ve compiled the most common concerns from our clients to give you some straightforward answers.

Divorce proceedings typically take a few months to a year-plus to finalize, but several factors come into play and everyone’s situation is different. DIY Divorce is one cost-effective option that can significantly accelerate the process.

A divorce ends a marriage. An annulment legally determines that the marriage was never valid in the first place.  Annulments are rare, and only certain circumstances qualify as grounds for annulment in Arizona. Here are a few of the most common:

  • One of the parties was married to someone else (bigamy)
  • The parties are related by blood
  • One or both parties lacked the mental or physical capacity to get married
  • One or both parties were intoxicated at the time they agreed to marry
  • The parties failed to obtain a proper, official marriage license

People who are legally separated are still technically married, while divorce terminates a marriage.

Both parties must agree to pursue legal separation. Like divorce, they will no longer share financial assets and will usually live apart, but they won’t be able to marry other people.

Couples opt for legal separation instead of divorce for a wide range of reasons, from financial problems and health insurance policy issues to religious beliefs. Some even separate legally as a “trial run” for divorce, especially if the parties believe reconciliation may eventually be possible.

Arizona follows community property rules and equitable distribution principles, which means all assets and debts a couple acquires during marriage will be divided equitably between both spouses — unless the couple has a prenuptial agreement.

Arizona doesn’t require the division of marital property in divorce to be exactly equal, but it must be fair and will usually be close to equal. Each spouse will retain his or her separate property after the divorce is finalized.

Whether you are required to pay spousal maintenance depends on several factors, including the length of the marriage and each spouse’s earning capacity. If your spouse is seeking alimony, you’ll need to demonstrate that they don’t need it in order to avoid it.

A prenuptial agreement (or prenup) outlines the property owned by both future spouses, as well as the property rights each party will have should the marriage end.

Not everyone needs a prenup, but more than 40% of U.S. adults have or plan to have one, according to Harris Poll. Prenups are especially pertinent if you want to keep your finances separate throughout the marriage or want greater control over high-value property, debt liability or family heirlooms.

In other words, they aren’t just for ultra-wealthy people. If you choose not to enter into a prenup, remember that your property will be divided using Arizona’s community property rules, which may or may not produce the outcome you intended.

After your wedding, you also have the option to enter into a postnuptial agreement to define your rights and obligations for property and money.

Divorce Is Hard. We Make It Easier.

Unsure of your next move during this difficult time? We get it, and we’re ready to help
you move on to your next chapter with a fraction of the fuss through a simplified DIY divorce process.