Tamara is a certified copywriter and editor with over four years of experience writing legal content for some of the U.S.' best-known law firms, marketing agencies and legal service providers. She has crafted thousands of practice pages, FAQs, blog posts, case studies and long-form articles on topics such as personal injury law, mass torts and criminal law.
Tamara Armstrong
Tamara is a certified copywriter and editor with over four years of experience writing legal content for some of the U.S.' best-known law firms, marketing agencies and legal service providers. She has crafted thousands of practice pages, FAQs, blog posts, case studies and long-form articles on topics such as personal injury law, mass torts and criminal law.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Reviewed
Adam Ramirez, J.D.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Divorce can be one of the most stressful and emotionally exhausting times in your life, second only to a loved one’s passing. However, you don’t have to struggle through a complex divorce alone. A skilled and compassionate divorce attorney can give you peace of mind and help to smooth out the often rocky divorce process.
In this article, we list some of the best divorce lawyers in Tucson, outline some essential Arizona divorce laws and provide tips for finding excellent legal representation.
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Best Divorce Attorneys in Tucson, AZ
Compare Top Divorce Attorneys
Filing For Divorce in Arizona
Here’s what you need to know about filing for divorce in Arizona:
Arizona Divorce Requirements
You or your spouse must have lived in Arizona for at least 90 days to file for a divorce. While you do not need to prove a physical separation period to get divorced in the state, your marriage must be irretrievably broken with no chance of reconciliation.
To begin the process of filing for divorce in Arizona, file a Petition for Dissolution of Marriage in the county where you or your spouse live and submit the documents together with the filing fee to the Clerk of the Court. After filing the court documents, you must serve your spouse with the divorce papers.
Types of Divorce and Separation in Arizona
Couples in Arizona have three options to end their marital relationship:
- Divorce. Divorce is the legal termination of a marriage and, in Arizona, typically granted when one spouse declares that the marriage is irretrievably broken.
- Annulment. An annulment declares a marriage legally invalid as if it never existed. Annulments may be granted under specific circumstances, such as fraud or bigamy.
- Separation. While legal separation does not end the marriage on paper, it is often considered a trial period before a divorce or reconciliation. A legal separation in Arizona allows spouses to divide their income, assets and debts and make child custody arrangements.
Are Divorces in Arizona Fault-Based?
Arizona is a “no-fault” divorce state, meaning individuals don’t need to cite wrongdoing or fault as a reason for the marriage break-up. One party declaring the marriage as irretrievably broken is sufficient to be eligible for divorce in the state. Exceptions to the no-fault rule are covenant marriages. Couples in a covenant marriage must show fault-based grounds for divorce, such as adultery, abandonment or substance abuse.
Child Custody, Support and Visitation in Arizona
If you are in the process of getting divorced in Tucson, issues surrounding child custody, support and visitation may be at the forefront of your mind. Here’s what you need to know:
- Child Custody. Arizona law does not favor one type of custody over the other and encourages both parents to maintain ongoing and meaningful contact with the child unless it is not in the child’s best interests.
- Visitation. Under Arizona law, the parent without residential custody generally has rights to parenting time. If the parents cannot agree on visitation matters, a court will decide on appropriate parenting time and schedules.
- Child Support. Child support in Arizona can depend on various factors, including the income of the non-custodial parent, the number of children and the expenses required. Generally, the amount of child support is decided when an Arizona court grants a custody order.
- Spousal Support. Spousal support or alimony is typically ordered when one spouse cannot meet their needs on their own even after the division of marital assets. The amount and duration of alimony in Arizona depends on the length of the marriage, the standard of living during the marriage and other factors.
Property Division in Arizona
Unlike many other states, Arizona follows the community property rule. When you divorce in Tucson, all assets acquired during the marriage are split approximately equally between you and your spouse. Marital property does not normally include assets you held before the marriage or gifts and inheritances received by one of you during the marriage.
When dividing marital property, a court in Arizona may consider various factors, including:
- The length of the marriage
- Each spouse’s contribution to marital property
- The financial circumstances of each spouse
Filing and Serving Your Divorce Papers
You can find and complete the relevant divorce paperwork at the Arizona Judicial Branch website. The key document for filing your Arizona divorce papers is the Petition for Dissolution of Marriage, with or without children. Depending on your specific circumstances, you may also require the following forms and others:
- Family Court Cover Sheet
- Summons
- Preliminary Injunction
- Affidavit of Minor Children
- Sensitive Data Sheet
Note that this is not an exhaustive list. If you’re unsure which documents are required for your divorce, an attorney can help identify and complete the necessary paperwork. Once you have filled in all the forms, you file the paperwork with the Clerk of the Superior Court in Tucson.
Serving Your Spouse in Arizona
The next step after submitting completed divorce forms involves serving your spouse. For this, you have various options, including:
- Acceptance of Service. Acceptance of service involves your spouse signing a receipt of the divorce papers in front of a notary.
- Mail. When serving your spouse with the postal service, use certified mail with a return receipt and retain the receipt so you can prove to the court that you properly served your spouse.
- Sheriff or Process Server. If you submit the paperwork and pay a fee to your spouse’s local sheriff’s office, they will be served by a Sheriff or process server.
Your spouse has 20 days to respond after being served unless they live in another state when they have 30 days. If your spouse fails to reply, you can apply for a default divorce on the 21st or 31st day after serving them.
Finalizing Your Divorce
In Arizona, divorces require a 60-day waiting period from the filing date. Once the waiting period is over, and you and your spouse agree on all issues, you can finalize your divorce by filing a consent decree. However, how long your divorce ultimately takes can depend on factors such as:
- Whether you have children and if you can agree about custody
- The complexity of property and asset division and if you can agree about how to divide it
- Whether support is needed and if you can agree about the amount
Depending on your case, you may or may not be required to attend a hearing before your divorce can be finalized. For example, if you don’t have children and agree on all issues, you can simply submit your documents and wait for the judge to sign the divorce papers. However, if you and your spouse have children, you must attend a divorce hearing prior to receiving a divorce decree.
How Can an Attorney Help You?
Going through a divorce can be an uncertain and mentally exhausting time. An attorney can alleviate some of the stress and provide you with practical help, advice and moral support and provide the following:
- Legal Advice. Your attorney can help you navigate the complex Arizona divorce process and protect your legal rights.
- Complete Documents. A divorce involves stacks of paperwork. Your Tucson divorce lawyer can ensure all documents are correctly completed and filed.
- Legal Representation. An attorney can protect your best interest by representing and coaching you for court hearings and mediation meetings.
- Protect Your Financial Interests. Your attorney will aim to ensure you are treated fairly in matters such as property and asset division, child custody and spousal support.
While seeking legal advice can be an excellent step, not all divorces require a Tucson divorce lawyer. For example, you may not need an attorney if you have only been married for a short time, have no children or significant assets and agree with your spouse on all issues.
How to Find the Best Divorce Lawyer in Tucson, AZ
You’ll want to work with someone who not only represents your interests effectively but also has the compassion that makes you feel at ease during this disruptive time. Getting referrals from friends, family and coworkers can be a great way to find divorce lawyers in your area. Here are some factors to keep in mind when looking for an excellent divorce lawyer:
- Experience. Some attorneys are fantastic litigators, while others excel with mediation and collaborative divorces. Choose an attorney whose experience aligns with your type of divorce case.
- Communication. Is your prospective divorce attorney a good communicator? You’ll want someone who keeps you informed throughout the divorce process and promptly addresses your concerns and questions.
- Fees. Some attorneys charge hourly rates, while others charge a flat fee. Make sure you know and agree with your attorney’s fee structure before hiring them.
- Compatibility. Don’t pick an attorney entirely based on their reputation and credentials. Choose someone you can trust and feel comfortable with, as the divorce process involves sharing personal information and can be lengthy.r.
Methodology
To come up with the best divorce lawyers in Tucson of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
As Hard As Divorce Might Be, An Online Divorce Service Can Make It Easy
Let a professional, reasonably priced online divorce service help you with all matters pertaining to your divorce.
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Frequently Asked Questions (FAQs)
Do you need a lawyer to get divorced in Arizona?
Hiring a lawyer for a divorce is not a legal requirement in Arizona. Some divorces may not require a Tucson divorce lawyer, such as in the following circumstances:
• The couple was only married a short time
• There are no children
• The parties own few marital assets and debts and agree about how to divide them
• The couple agrees on all issues (uncontested divorce)
However, divorces are often more complex and require legal assistance, especially when children and significant assets are involved. Moreover, even if your divorce is relatively straightforward and uncontested, getting legal advice can help smooth out kinks. An attorney can ensure that all divorce and settlement documents are completed correctly and help resolve unexpected disagreements before they escalate.
How much does a Tucson divorce lawyer cost?
The cost of a divorce lawyer varies and depends on the complexity of your case, the attorney’s experience and other factors. Many divorce attorneys charge hourly rates, ranging from $200 to $500 per hour or more. Some attorneys charge retainers, meaning you pay a lump sum upfront. The attorney then deducts their fees as they work on your case.
If your divorce is uncontested or you only require legal help for certain aspects of the settlement, hiring a lawyer with a flat fee may be advantageous. A flat fee provides you with the certainty of knowing your legal expenses upfront.
Since divorce attorneys’ charges can vary extensively, discussing fees and payment structures with potential attorneys during initial consultations is essential.
How long does a divorce take in Arizona?
No two divorces are the same, and there is no average timeframe for finalizing divorce proceedings. The length of your divorce can depend on its complexity and whether you and your spouse agree and cooperate on crucial issues.
While uncontested divorces can be relatively quick, they still take over two months to resolve due to Arizona’s mandatory 60-day waiting period. However, when your divorce involves considerable legal proceedings or even a trial, the process could last a year or longer.
