Sometimes a husband or wife reaches the difficult realization that the marriage cannot continue. Facing divorce on your own can feel overwhelming, especially when you are confronted with emotional strain, financial uncertainty, and important decisions that will shape your future. You may be wondering what comes next, how the process works in Arizona, and how to protect what matters most. You are not alone, and you do not have to navigate this process without guidance.
Let our Tucson divorce attorneys help you move forward with clarity and confidence. Our role is to guide you through each step of the divorce process from beginning to end, helping you establish practical goals that are both reasonable and achievable. With the right plan and the right legal strategy, it is possible to reduce uncertainty, protect your interests, and begin building the foundation for the next chapter of your life. The first step is understanding the legal basis for divorce under Arizona law.
Is Your Marriage Irretrievably Broken?
In Arizona, a marriage that is irretrievably broken with no reasonable prospect of reconciliation forms the basis of no-fault divorce. What if the other spouse responds, “I object to divorce and want to stay married”? In such cases, a hearing is held on the feasibility of reconciliation and whether a conciliation conference and 60-day continuance will be ordered. Still no reconciliation? The court will find the marriage is broken and enter the divorce decree, despite the other party’s objection.
Tucson, AZ, court proceedings do not assign blame for marital misconduct or directly punish a party for violating the marriage vows. (However, instances of marital fault may be a factor the court considers when determining spousal maintenance, dissipated resources in property disposition, and child custody.)
All divorces are no-fault except for one – divorce from covenant marriage. When spouses have a covenant marriage, the petitioning spouse alleges specific statutory grounds involving marital misconduct, such as spousal abuse, abandonment, commission of a felony, and adultery, among others. Importantly, agreement to dissolve their covenant marriage is a statutory ground for divorce and an amicable one. A.R.S. 25-903.
Divorce is rarely easy and always personal. Releasing the emotional baggage of a difficult, painful marriage can feel impossible. Many of our clients have greatly benefited from divorce counseling with a licensed Tucson counselor or therapist. Each spouse grapples privately with the emotional aspects of divorce, but hiring an attorney you trust is profoundly helpful.
Don’t give up! In time, you will begin a new life and secure your future. The judge’s divorce decree will dissolve your marriage. You will be free to marry someone else should you choose to. How does it all begin?
Summary of the Tucson Divorce Process
An established court process will unfold, one proceeding at a time, even for emergency actions. Take assurance from that and from your Tucson divorce attorney’s courtroom experience. Here is a brief summary of what happens in a divorce:
- A spouse files a petition for dissolution of marriage and has it served on the other spouse, who then files a response. (Court filing fees apply, but obtaining a fee deferral or fee waiver is possible.) There is a residency requirement. To file, one spouse must have maintained domicile in Arizona for 90 days. Military presence for 90 days is equally sufficient. A.R.S. 25-312.
- There is a mandatory 60-day waiting period before court proceedings actively begin. Maybe that’s not enough time to heal a wounded heart, but it is an opportunity to reflect. You will have 60 days to consider possible avenues to reconciliation, such as marriage counseling or a trial separation.
- Both parties must respect and comply with the automatic preliminary injunction or face court sanctions. A.R.S. 25-315.
- ARFLP Rule 49 disclosures and discovery of evidence occur early in the case and are a continuing obligation. Are you relocating? Planning to transfer assets? Getting a job promotion? Immediately notify your attorney of changing circumstances.
- Divorcing parents with minor children take the parent education class. For some parents, the court may order the high-conflict class.
- Expect a court hearing on the need for temporary orders while divorce proceedings continue. Matters for interim orders include primary residential parent and child support, spousal support, bill payment, and more.
- Settlement negotiations begin in earnest as parties work toward a comprehensive separation agreement. Counseling, mediation, and online dispute resolution may all be scheduled to advance settlement. To help resolve child custody disputes, mediation is mandatory in Tucson divorce cases with children.
- If some matter is contested or disputed, then a divorce trial is necessary.
- The court enters the decree of divorce with final orders for property division, legal decision-making and parenting time, child support, and spousal maintenance if applicable.
Divorce Attorney in Tucson, AZ
There are amicable divorces in The Old Pueblo. Will yours be one of them? Contact Arizona Law Group. Schedule a consultation with one of our Tucson divorce attorneys.
How Will Issues in Your Divorce Be Decided?
Tucson court proceedings resolve all of the divorce and family law concerns raised in the case. Look closer at the legal issues parties settle by agreement or, if a contested divorce, what the court must decide for them:
Division of Property
Marital property, both assets and debts, is community property in Arizona law. Spouses equally own community property in Tucson or elsewhere, which gets equitably divided about 50/50 between them in divorce. Separate property is the sole property of the owning spouse. Separate property is often commingled or transmuted during a marriage, transforming it into community property subject to division. In negotiating who gets what, spouses may agree to characterize any asset or debt as property of the community or the separate property of one spouse. A.R.S. 25-318.
Legal Decision-Making and Parenting Time (Child Custody)
Some parents seek sole legal decision-making of a child with shared parenting time (or supervised visitation if there are safety concerns). But most parents agree to joint legal decision-making and may have nearly equal parenting time. A parenting plan agreement in the child’s best interests implements the parties’ custody arrangement. They might arrange for grandparent visitation with the child or third-party visitation for aunts and uncles. What if custody is contested? Each party submits a proposed parenting plan to the court. A.R.S. 25-403.02.
Family Support
There are two distinct family support matters: spousal maintenance and child support, each with its own mandatory guidelines. The court divides property and awards spousal maintenance before calculating child support.
Hire A Nearby Tucson Family Law Attorney to Help You Navigate Your Divorce Settlement in Pima County
Divorce and settlement are inextricably linked, with your attorney playing a key negotiating role. Cooperative efforts begin immediately after filing and continue until all legal issues are either agreed to or determined by the court if there’s an impasse. Divorce mediation is one ADR method for settling disputes, but there are other pathways to consider, including:
Collaborative Divorce
This ADR process creates an environment conducive to settlement. For spouses desiring greater privacy, it’s a way to resolve all legal issues outside the courtroom. Participation is always voluntary, with each party represented by a collaborative divorce lawyer. ARFLP Rule 67.1. Professionals and experts frequently assist, including child custody evaluators, tax advisors, and forensic accountants. Is this a good fit for you? Discuss a path forward with one of our collaborative divorce attorneys in Tucson.
Uncontested Divorce
This means there are no disputes for the court to resolve. In an uncontested divorce, the spouses agree on everything without litigation. With no need for trial, both parties save time, money, and emotional energy.
Contested Divorce
Spouses might agree to one or more issues, but not to everything. A trial is scheduled to resolve the outstanding concerns (for example, who gets final say over the child’s education). An upcoming trial does not prevent settlement. Negotiation attempts continue right up to the point of trial. And even after trial through post-judgment modification. Hire an attorney skilled in negotiation and litigation.
Military Divorce
When one or both spouses are in the military. With service members stationed at Davis-Monthan, for instance, additional state and federal laws apply, including the SCRA and USFSPA. Divorce is complicated by logistics, chain of command, active duty status, family support responsibilities, military pension division, and more. Despite these challenges, settlement negotiations will take place. Choose a caring attorney with extensive military divorce experience to represent you.
Gray Divorce
Many snowbirds retire to the Tucson area. Gray divorce among spouses 50-and-older (silver divorce if you prefer) is merely descriptive. Certain issues, namely property division and spousal maintenance, are frequently raised with mature spouses. Retired or nearing retirement, these empty nesters have adult children and grandchildren. Consult an attorney for complex property division in high-net-worth divorce.
If You Don’t Agree with the Court’s Ruling
A party that does not agree with the Superior Court’s final judgment may file an appeal. Direct appeal is to the Arizona Court of Appeals, Division Two, Tucson. Appeals are a big step, taking a year or more for a decision. Don’t go into divorce with a plan to drag the other party through an appeal out of spite. The costs of appeal can be assessed against one party if the appeal is frivolous or vindictive. An appeal is sometimes necessary, so it’s essential that your divorce attorney have appellate practice experience.
Tucson Divorce of Out-Of-State Marriage
Many of our Tucson clients are transplants to the Sonoran Desert from other states. Spouses relocate for employment, retirement, healthy lifestyles, and adventure. It’s not uncommon for these divorces to involve substantial real estate holdings and assets outside Arizona.
Personal jurisdiction can sometimes pose an issue with an interstate divorce. Example: One spouse lives in Avra Valley and files for divorce in Tucson. The other spouse resides in Ohio and has not visited Arizona. Asserting personal jurisdiction over a non-resident spouse (Ohio) with no ties to Arizona, and who does not consent to AZ divorce jurisdiction, may require more proceedings and increase costs.
What Arizona Divorce Will Do (And What It Won’t)
Divorce is a difficult experience for a lot of people, even more so if the objectives are unclear and emotions run high. Here’s what divorce will do:
- Divorce dissolves the civil marriage contract.
- Divorced parties are free to marry other people.
- Divorce divides and distributes property, determines custody, awards alimony, and establishes child support. (Do you have a prenuptial agreement with divorce terms? Talk to one of our attorneys about your situation.)
This is what divorce will not do:
- Divorce is not legal separation. A decree of legal separation does not dissolve the marriage. The same issues are addressed in legal separation, but the marriage remains intact.
- Divorce is not annulment. Because of some legal defect, annulment proceedings challenge the validity of the marriage contract. An annulment decree declares the marriage null or void. A.R.S. 25-301.
- Divorce is not a criminal proceeding. However, a defendant may be held in contempt for violating the court’s order, such as child support.
- Divorce is not a religious proceeding or declaration by a church tribunal.
Do You Have a Common Law Marriage?
Arizona does not recognize common law marriage creation – state law does not allow it. However, because several other states allow common law marriages (or did in the recent past), including Texas, Utah, and Colorado, those marriages are recognized as valid in Arizona under the Full Faith and Credit Clause of the U.S. Constitution. We represent clients with traditional ceremonial marriages as well as validly created common law marriages. Be mindful that establishing marital facts with circumstantial evidence can muddy the waters in a divorce.
Where Divorce Is Filed
With Pima County residency, a divorce petition is filed with the Clerk of the Pima County Superior Court in downtown Tucson.
Arizona Superior Court in Pima County
110 W Congress St, Tucson, AZ 85701
(520) 724-4200
This includes Oro Valley, Catalina Foothills, Green Valley, Marana, Vail, and outlying Pima County communities. With residency just north of Tucson, in Saddlebrooke and Oracle communities, file with the Clerk of the Pinal County Superior Court (Florence).
Divorce Lawyer Near You in Tucson, AZ
Arizona Law Group provides Real Help for Real People. Contact us. Learn what it means to be the client of an experienced divorce attorney with a top-rated full-service family law firm.