Flagstaff Divorce Lawyer

At The Zickerman Law Office, PLLC, we understand how difficult the process of divorce can be on you and your family. As such, we offer comprehensive and compassionate divorce services to help you with each step. Whether you require help with your contested or uncontested divorce, our Flagstaff divorce attorney can provide you with the guidance and support you need to navigate the divorce process with peace of mind.

Secure an initial consultation with our divorce lawyer in Flagstaff by contacting us online or calling (928) 323-0910 today.

Understanding Arizona Divorce Laws

Arizona has what is commonly called a no-fault ground for dissolution, which means that there needs to be NO specific reason for the divorce. Reasons typically include adultery, abandonment, domestic violence, etc. However, you do need to state in your divorce petition that the marriage of the parties is irretrievably broken.

In most divorces that are not covenant marriages, the court is not focused on punishing either spouse for past behavior. Instead, judges in Coconino County and throughout Arizona generally focus on making fair decisions about property, legal decision-making, parenting time, and support. That means you can usually move forward with a petition even if your spouse does not agree that the marriage should end, as long as you meet the legal requirements and filing standards that apply in Arizona.

Requirements for Filing for Divorce in Arizona

To file for divorce in Arizona, either you or your spouse must have been domiciled in Arizona for at least 90 days. To be domiciled means you are required to take action to indicate your intent to make Arizona your primary state of residence.

A member of the armed forces will be considered a resident of Arizona if he or she was stationed in Arizona for a continuous period of 90 days.

Once the residency requirement is met, the petition is generally filed in the Superior Court for the county where you or your spouse lives, such as Coconino County for many families in and around Flagstaff. After filing, there are strict rules about serving the other party and deadlines for answering the petition. 

Missing these procedural steps can affect your rights, so having a Flagstaff divorce lawyer walk you through the timeline, service options, and local filing practices can give you more confidence as you begin the process.

Differences Between an Uncontested and Contested Divorce

In an uncontested divorce, the couple reaches an agreement on all divorce-related issues, so there is no need to go to court. In a contested divorce, the couple disagrees on one or more issues related to their divorce and requires the assistance of the court.

The main ways uncontested and contested divorces may differ include:

• Level of conflict. Uncontested divorces usually involve less disagreement and stress, while contested cases can require multiple hearings and formal discovery to resolve disputes.
• Time to resolution. When spouses agree on major terms, the case typically moves through Coconino County Superior Court more quickly than a contested matter that must be set for trial.
• Legal costs. Contested divorces often require more attorney time, court appearances, and preparation, which can increase overall expenses for both sides.
• Control over outcomes. In an uncontested case, you and your spouse decide the terms, while in a contested case a judge makes the final decisions after hearing evidence.

Even when you and your spouse generally agree, it is still wise to have a divorce attorney in Flagstaff review your paperwork to be sure the final orders reflect what you intended and protect you in the future.

Key Elements the Court Must Address in a Flagstaff Divorce

To finalize a dissolution of marriage, a divorce attorney in Flagstaff must help you navigate several mandatory legal pillars. If these are not resolved through a settlement, a judge will decide them at trial:

• Legal Decision-Making and Parenting Time
• Child Support
• Spousal Maintenance (Alimony)
• Property and Debt Division

Child Custody in Arizona

If you have any minor children, there will need to be a custody determination during the divorce proceedings. In Flagstaff and throughout Arizona, courts now refer to custody as legal decision-making and parenting time, and judges encourage parents to create parenting plans that reflect their children’s day-to-day realities. 

If you and your spouse cannot reach an agreement on child custody and parenting time, you will then be required to submit a proposed parenting plan to the judge.

The judge will consider the following factors:

• Relationship between the parent and child
• Relationship between the child and parents, siblings, and other significant persons
• Child’s adjustment to home, school, and community
• Preferences of the child, if of suitable age and maturity
• Mental and physical health of each parent and the child
• Which parent is more likely to foster contact with the other parent
• History of domestic violence
• Ability of the parents to cooperate in decision-making
• Any other factor the court determines is suitable

A detailed plan will usually address school schedules, holidays, transportation, communication, and how major decisions will be made. We can help you prepare a parenting plan that is realistic, child-focused, and consistent with what local courts typically approve, so you understand what is likely to work well in your situation.

Spousal Maintenance (Alimony)

Spousal maintenance is not awarded in every case, but it can be an important issue when one spouse has been financially dependent on the other or has a significantly lower earning capacity. Arizona courts consider a number of statutory factors, such as:

• The length of the marriage
• Each spouse’s income and resources
• Whether one spouse needs additional education or training to become self-sufficient

In Flagstaff, spousal maintenance requests are typically heard in the same Coconino County Superior Court where your divorce is filed, and judges have discretion in deciding both the amount and duration of any award. We help you gather the financial records and background information needed to present your position clearly, whether you are seeking support or responding to a request.

Property Division in Arizona

Arizona is a community property state, meaning all property and debts acquired during the marriage are considered marital property.

Common issues that arise when dividing community property include:

• Family home and real estate. One spouse may wish to keep the home in Flagstaff or the surrounding area, while the other prefers to sell and divide the proceeds.
• Retirement and investment accounts. Pensions, 401(k)s, and other accounts often require valuation and may need special orders to divide properly.
• Business interests. If either spouse owns a business, the community’s interest may need to be determined and addressed in the final orders.
• Debts and obligations. Credit cards, personal loans, and other liabilities taken on during the marriage are usually treated as community debts, regardless of whose name is on the account.

Community property does not always mean that everything is divided exactly 50/50; instead, the court aims for a division that is equitable under Arizona law. That can include decisions about the family home, retirement accounts, vehicles, credit card balances, and other assets or debts in either spouse’s name.

Our Flagstaff divorce lawyer has been advocating for families since 2003. If you require assistance with the divorce process, need an advocate as you navigate divorce negotiations, or would like help coming up with a strategy to help you secure a favorable outcome, our office is here to support you.

The Arizona Divorce Process in Coconino County

Navigating the court system in Flagstaff requires strict adherence to procedural timelines. Our firm manages every step of this process for you:

• The Petition and Service: The process begins when one spouse (the Petitioner) files a Petition for Dissolution of Marriage. The other spouse (the Respondent) must be formally served and has 20 days (30 if served out of state) to file a Response.
• The 60-Day "Cooling-Off" Period: Under A.R.S. § 25-329, Arizona requires a mandatory 60-day waiting period from the date of service before a divorce can be finalized. This time is often used for discovery and negotiation.
• Temporary Orders: Because divorces can take months to resolve, we often file for "Temporary Orders" to establish immediate rules for child support, spousal maintenance, and who stays in the family home while the case is pending.
• Discovery and Disclosure: Both parties are legally required to provide full financial disclosure. We meticulously review bank statements, tax returns, and property valuations to ensure no assets are hidden.
• Resolution or Trial: Most cases in Flagstaff are resolved through mediation or a Consent Decree. However, if an agreement cannot be reached, we are trial-ready advocates prepared to present your case before a judge.

Along the way, there may be temporary orders hearings, settlement conferences, or mediation aimed at resolving issues without a trial. We take time at the outset to walk you through what is likely to happen in your case so you can plan for each phase of the process.

Meet with Our Divorce Attorneys in Flagstaff, AZ

As we move through your case, we pay close attention to deadlines and local court requirements to help keep your matter on track. We review your goals regarding property, support, and parenting time, and then work with you to decide where it makes sense to compromise and where it is important to stand firm. 

Our team prepares thoroughly for any court appearances, whether they are held in person in Flagstaff or by video, so that you feel supported and informed each time your case is on the calendar.

Call (928) 323-0910 or fill out a contact us form online to get in touch with us.

Frequently Asked Questions

How Long Does a Divorce Take in Arizona?

The minimum waiting period in Arizona is 60 days from the date the petition is served, but most cases take longer. The overall timeline depends on how complex your issues are and how quickly you and your spouse can reach agreements. Contested trials or complicated property matters usually extend the process.

Do I Have to Go to Court for My Divorce?

Many divorces are resolved through agreements that are submitted to the court without a full trial. You may still need to attend short hearings or a default proceeding, but these appearances are often brief. Cases that remain contested on major issues are more likely to require a trial date.

Can We Use Mediation in an Arizona Divorce?

Mediation is commonly used in Arizona to help spouses resolve disagreements about property, parenting time, or support. A neutral mediator helps guide discussions and explore settlement options. If you reach agreements in mediation, they can often be incorporated into your final divorce orders.