Frequently Asked Questions
These are the questions I hear most often from people who are considering divorce or just trying to understand what’s ahead. I’ve tried to answer them the way I would in-person, with your real concerns in mind.
-Ethan
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The first thing I tell every client is this: let’s take it one step at a time. Divorce can feel overwhelming when you look at the whole picture at once, but broken down into stages, it becomes manageable.
Here’s how it generally works in Arizona. One spouse files a Petition for Dissolution of Marriage with the court. The other spouse is served and has a certain number of days to respond. From there, both sides exchange financial information through a process called disclosure; Arizona requires this of both parties. If children are involved, parenting and support issues are addressed alongside the division of assets and debts. Most cases then move toward mediation, where the vast majority of disputes get resolved without ever going to trial. If everything is agreed upon, a Consent Decree is submitted to the judge and your case is closed. That’s the general roadmap. My job is to walk you through each step so nothing catches you off guard, and to make sure we’re always focused on what matters most to you.
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Cases typically somewhere between 9 months and a year, sometimes more if things are contested. I know that sounds like a long time. And honestly, it is. That’s why I always tell clients: we need to play the long game. Nothing happens overnight, and that’s okay. What matters is that we’re making smart, deliberate decisions at each stage, not rushing into agreements you’ll regret or spending money on fights that aren’t worth having. I’m respectful of your time and your money. We’ll talk through your options at every turn, and there’s never any pressure to move faster than you’re ready to.
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No. Arizona is a no-fault divorce state, which means neither spouse has to prove wrongdoing. The only legal requirement is that the marriage is “irretrievably broken”, meaning at least one spouse believes it cannot be saved. You don’t need your spouse’s permission or agreement to file.
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Probably not in the way you’re imagining. About 90% of the cases I handle settle at or before mediation, meaning most clients never go to Court. That said, I prepare every single case as if it’s going to trial. That preparation is a big part of why most cases don’t have to.
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You don’t have to wait until your divorce is final to get financial support. I’ve worked with many clients who come to me with virtually no access to community funds. The other party controls the finances and my client is terrified about how he/she will support themselves and the children during this process. In that case, we will move quickly to get temporary orders in place, and within weeks, support will be coming in. You will be able to maintain stability for yourself and the kids.Arizona courts can issue temporary orders early in the process that address your immediate financial needs, including:
• Temporary spousal support
• Temporary child support
• Who stays in the family home
• Payment of household bills and expenses
• Access to marital funds
These orders exist to make sure no one is left without resources while the case works its way through the system.
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Spousal maintenance is financial support paid by one spouse to the other after the divorce is finalized. Arizona courts don’t award it automatically. They look at factors like:
• Whether one spouse lacks sufficient property to meet their reasonable needs
• Whether one spouse was out of the workforce during the marriage
• The length of the marriage
• Each spouse’s earning capacity
• The standard of living during the marriage
The outcome depends entirely on the specific facts of your situation. It’s one of the more nuanced areas of family law, and it’s something we’ll analyze carefully together based on your circumstances.
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Child support in Arizona is based on both parents’ combined gross income and the amount of parenting time each parent has. The idea is straightforward: children should be supported at the same level they would have been if the family stayed together. The calculation also factors in health insurance, childcare costs, and any special needs. And if circumstances change significantly down the road, a shift in income or parenting time, child support orders can be modified.
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Mediation is a structured negotiation session where both spouses, with their attorneys, meet with a neutral third-party mediator to work toward an agreement. It’s private, it’s confidential, and it’s far less adversarial than a courtroom.
In my experience, about 90% of cases settle at or before mediation. Here’s why I think that number is so high: by the time most cases get to mediation, both sides have a realistic picture of the facts, the finances, and what a judge is likely to decide. That clarity has a way of bringing people together. Most people would rather make their own decisions than hand that power to a judge who has limited time and limited context about their family.
A negotiated agreement is almost always more durable, more tailored, and less painful than a ruling imposed by the court. I’ve seen it happen over and over again; people who couldn’t agree on anything find a way forward when they’re sitting across the table with the right preparation and the right mindset.
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Then we go to trial, and I’ll be fully ready. I don’t take trial lightly, it’s more expensive, more time-consuming, and harder on everyone involved. But sometimes it’s the right call, and when it is, I’m prepared to advocate for you completely. The goal is always to put you in the strongest possible position, whether that’s at the negotiating table or in the courtroom.
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I’ve seen what happens at large firms where clients get passed around, billed heavily, and never really feel like anyone is in their corner. That’s not how I work. I got into family law because I genuinely love helping people, especially people with kids who are trying to make a real change in their lives. Life doesn’t have to stay the way it is. You can move forward, and I’m going to help you get there.
When you work with me, you work with me. I’m responsive, I’m honest about your options, and I’m always mindful of your time and your money. I’ll tell you when something is worth fighting for and when it isn’t. That’s what I’d want from an attorney, and it’s what I bring to every client.
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Of course. Most people who call me aren’t sure what they want yet, they just know they need information. There’s no pressure and no rush. We go on your timeline. Understanding your options is the first step, and that’s exactly what an initial consultation is for.
The information on this page is intended for general informational purposes only and does not constitute legal advice. Every situation is different. Reach out to Freedman Law to talk through yours.
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Arizona law doesn’t use the term “custody” the way most people think of it. Instead, the courts address two separate things: legal decision-making authority (who makes major decisions about the child’s education, healthcare, and religion) and parenting time (where the child physically lives and when).
Arizona courts start from the position that children benefit from having both parents actively involved in their lives. The legal standard for every decision is the best interests of the child, guided by factors laid out in A.R.S. § 25-403; things like each parent’s relationship with the child, the child’s adjustment to home and school, and each parent’s willingness to cooperate with the other.
Parenting plans can look very different from family to family. Some involve equal or near-equal parenting time; others reflect the practical realities of work schedules, school proximity, and the child’s own needs. My job is to help you understand what’s realistic given your specific situation and to advocate for an arrangement that genuinely serves your kids.
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Arizona is a community property state, which means that most assets and debts acquired during the marriage are considered jointly owned and are generally divided equally between spouses. This includes income, real estate purchased during the marriage, retirement contributions made during the marriage, and most debts.
Separate property — things you owned before the marriage, or received as a gift or inheritance during the marriage — generally stays with the spouse who owns it. But the line between separate and community property can blur over time, especially when assets are commingled.
Equal division doesn’t always mean a 50/50 split of every single item. It means the overall division should be equitable. There’s often significant room to negotiate. For example, one spouse keeps the house while the other receives a larger share of retirement assets. How we approach that negotiation depends on your priorities and your financial picture. That’s a conversation I look forward to having with you.