Divorce

Divorce

We handle custody, property division, child support, and spousal maintenance with care and experience.

Divorcenatalia2025-10-27T17:27:53+00:00

“We believe in protecting what matters most—your children, your assets, and your peace of mind.” 

– Jonathan Brooks

Compassionate divorce representation

Divorce is never an easy decision

Divorce can bring uncertainty, stress, and emotional challenges—but it also offers the chance to create a new beginning. At Brooks Family Law, we provide compassionate and experienced divorce representation across Arizona. Whether your case is simple and uncontested or complex and highly contested, we guide you through the process with clarity, strength, and unwavering support.

Take the First Step
Toward a New Chapter

Divorce is difficult, but you don’t have to face it alone.

Understanding Divorce

Divorce—legally known as “dissolution of marriage” in Arizona—is the legal process of ending a marriage. It requires the resolution of several important issues, including property division, child custody, child support, and spousal maintenance. Arizona is a no-fault divorce state, which means that neither spouse has to prove wrongdoing to file. Instead, one spouse only needs to state that the marriage is “irretrievably broken.”

At Brooks Family Law, we ensure our clients understand their interests, responsibilities, and options from the very beginning.

Why Choose Brooks Family Law for Your Divorce
  • Compassionate Support – We listen, understand, and guide you with care.

  • Experienced Representation – Years of experience in Arizona family courts.

  • Tailored Strategies – Every divorce is unique; we build strategies around your needs.

  • Strong Advocacy – Whether in negotiation or litigation, we fight for your interests.

Types of Divorce Cases We Handle

Key Issues in an Arizona Divorce

Spousal MaintenanceProperty
Division

Arizona is a community property state, which means all property and debts acquired during the marriage are generally divided equally. Separate property—such as assets owned before the marriage or received as gifts or inheritances—may not be divided. We help clients navigate complex property division, including real estate, investments, and retirement accounts.

Child Custody iconChild Custody (Legal Decision-Making & Parenting Time)

For parents, custody is often the most emotional issue. Arizona courts base custody decisions on the best interests of the child. We advocate for custody and parenting time arrangements that protect your child’s well-being and preserve your parental rights.

Child SupportChild Support

Arizona uses a formula to determine child support based on income, parenting time, and a child’s needs. While guidelines exist, disputes often arise over income reporting, childcare, and medical costs. We help ensure support orders are fair and accurate.

Child SupportSpousal
Maintenance (Alimony)

Spousal maintenance is not automatic in Arizona but may be awarded based on factors like the length of the marriage, financial resources, and one spouse’s ability to be self-sufficient. We advocate for fair spousal maintenance orders, whether you are requesting or contesting support.

Jonathan Brooks
Jonathan Brooks

Founder

The Divorce Process in Arizona

Divorce involves multiple steps, each with specific rules and deadlines. The process generally includes:

  • Filing the Petition – One spouse files a Petition for Dissolution of Marriage.

  • Service of Process – The other spouse is formally notified.

  • Response – The responding spouse files their answer with the court.

  • Temporary Orders (if needed) – Courts may issue temporary custody, support, or property orders while the case is pending.

  • Negotiation or Mediation – Many cases are resolved through settlement discussions or mediation.

  • Trial (if necessary) – If no agreement is reached, a judge will decide the unresolved issues.

  • Final Decree – The court issues a final divorce order, which legally ends the marriage.

Our services

Other services we offer

  • Paternity
  • Legal Separation
  • Prenuptial & Postnuptial Agreements

Frequently asked questions

Here are answers to some of the most common questions clients ask about the divorce process in Arizona.

How long does it take to get a divorce in Arizona?natalia2025-08-26T11:22:16+00:00

Arizona has a mandatory 60-day waiting period after the divorce petition is served before a divorce can be finalized. However, the overall timeline depends on whether your case is uncontested or contested. Complex cases involving custody or property disputes can take several months or longer.

Is Arizona a 50/50 divorce state?natalia2025-10-27T17:35:26+00:00

Property: Yes—Arizona is a community property state. Property and debts acquired during the marriage are generally divided equally, while separate property (owned before marriage or received by gift/inheritance) typically remains with the original owner.

Parenting time: There is no automatic 50/50 rule, but Arizona courts aim for substantial, frequent, and meaningful time with both parents when it’s in the child’s best interests. In many cases, that results in equal or near-equal parenting time, adjusted for each family’s circumstances

Do I need to prove fault to get divorced in Arizona?natalia2025-10-27T17:41:03+00:00

No. Arizona is a no-fault divorce state, which means you only need to state that the marriage is “irretrievably broken.” Misconduct such as infidelity or dishonesty typically does not affect the divorce itself or property division. However, there are two exceptions to note:

  • Waste Claims: If one spouse has recklessly spent, hidden, or given away marital assets, that behavior—known as “waste”—can influence how property is divided.

  • Covenant Marriages: In a covenant marriage, Arizona law requires proof of specific grounds (such as adultery, abandonment, or abuse) to obtain a divorce.

In most cases, fault does not determine the outcome, but these exceptions can significantly impact how certain issues are resolved.

Will I have to go to court for my divorce?natalia2025-08-26T11:24:01+00:00

Not always. Many divorces are resolved through settlement negotiations or mediation without going to trial. If the spouses cannot agree on key issues, the case will go before a judge, who will make the final decisions.

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