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10 Common Mistakes to Avoid in an Arizona Divorce

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by | Apr 21, 2025 | Divorce and Family Law, Family Law

Introduction

Divorce can be emotionally and financially turbulent. Understanding how Arizona divorce law works is essential to avoid costly mistakes. Arizona is a no-fault divorce state, but even simple errors can complicate the process. This article outlines what not to do—and how to protect yourself legally and financially.

Mistake #1: Not Understanding Arizona Divorce Law Basics

  • No-Fault State: No need to prove misconduct; “irretrievable breakdown” is enough.

  • Community Property Rules: Most assets acquired during the marriage are split fairly.

  • Residency Requirement: One spouse must live in Arizona for at least 90 days before filing.

Mistake #2: Failing to Plan Financially Before Filing

  • Asset Documentation: Know what you own and owe before filing.

  • Living Expenses: Budget for life in two households.

  • Spousal Maintenance: Also known as alimony, may be a factor depending on income disparity and marriage length.

Mistake #3: Hiding Assets or Income

Hiding finances is a legal risk. Arizona courts require full financial disclosure, and hiding assets can lead to:

  • Sanctions

  • Loss of hidden assets

  • Prolonged litigation

Mistake #4: Ignoring the Impact of Divorce on Children

Arizona courts prioritize the child’s best interests. Key elements include:

  • Parenting time plans

  • Documented involvement

  • Minimizing parental conflict

Mistake #5: Assuming the Court Will Automatically Favor One Parent

Arizona courts are gender-neutral in custody matters. Success relies on:

  • Equal parenting contributions

  • Documented involvement

  • Cooperative behavior

Mistake #6: Rushing Into Agreements Without Legal Counsel

Fast agreements can lead to:

  • Unequal settlements

  • Hidden legal terms

  • Limited protection against future disputes

Mistake #7: Letting Emotions Drive Legal Decisions

Emotionally charged decisions may result in:

  • Extended court battles

  • Unreasonable demands

  • Harmful custody outcomes

Mistake #8: Misunderstanding Community Property Division

Community ≠ equal. Understand:

  • What’s community vs. separate property

  • How fairness, not equality, is applied

  • That complex assets need professional valuation

Mistake #9: Neglecting to Update Legal Documents Post-Divorce

Be sure to update:

  • Wills and trusts

  • Beneficiaries

  • Powers of attorney

Mistake #10: Not Hiring a Qualified Arizona Divorce Attorney

Skilled legal support helps with:

  • Legal strategy

  • Filing accuracy

  • Objective, informed decision-making

How Gillespie, Shields & Taylor Can Help You Navigate Arizona Divorce Law

We offer decades of experience in Arizona family law, handling:

Helpful Legal Resources in Arizona

Conclusion

Arizona divorce law can be complex, but avoiding these common mistakes will position you for a better outcome—financially, legally, and emotionally.

Frequently Asked Questions (FAQs)

1. What qualifies as community property under Arizona divorce law?
Most assets and debts acquired during marriage, unless proven to be separate.

2. Can I file without a lawyer?
Yes, but it’s risky if your case involves children, property, or disputes.

3. How is child custody decided?
Based on what serves the child’s best interests—often joint legal decision-making.

4. How long does a divorce take?
At least 60 days, but often longer depending on complexity.

5. What if my spouse hides assets?
The court can impose penalties and award the hidden asset to you.

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