Practice Area
Divorce
Ending a marriage is one of the most significant legal events in a person's life. We provide clear, experienced guidance through every step of the dissolution process.
Arizona Divorce: What You Need to Know
Arizona is a no-fault divorce state, which means either spouse can seek a dissolution of marriage without proving wrongdoing by the other party. The only ground required is that the marriage is irretrievably broken.
Arizona is also a community property state. Assets and debts acquired during the marriage are generally considered community property and divided equally between the spouses. Separate property — assets owned before the marriage or received as a gift or inheritance — is generally not subject to division, but tracing and characterizing separate property can be complex.
When children are involved, the divorce proceeding also addresses legal decision-making authority and parenting time. These issues are resolved based on the best interests of the child, not the preferences of either parent.
01
Property Division
Dividing marital assets and debts requires a thorough accounting of everything acquired during the marriage — real estate, bank and investment accounts, retirement accounts, business interests, vehicles, and debt. We work to ensure the division is accurate and complete.
Retirement accounts require special handling. Dividing a 401(k), pension, or IRA typically requires a Qualified Domestic Relations Order (QDRO) or similar order. We coordinate with financial professionals when necessary to ensure these assets are divided correctly and without unintended tax consequences.
If you or your spouse owns a business, valuation and division of that interest can be one of the most contested aspects of a divorce. We have experience handling business interests in dissolution proceedings.
02
Contested vs. Uncontested Divorce
An uncontested divorce occurs when both spouses agree on all issues — property division, debt allocation, and, if applicable, parenting and support arrangements. We can help structure an agreement that protects your interests and meets Arizona's legal requirements, then guide the matter through the court process efficiently.
A contested divorce involves disputes that the parties cannot resolve on their own. These matters may proceed through negotiation, mediation, or litigation. We are prepared to advocate for you at every stage, including at trial if necessary.
Even in contested matters, most divorces ultimately resolve through negotiated settlement. We approach every case with a clear-eyed view of the likely outcome at trial, which allows us to negotiate from a position of knowledge and advocate effectively for a fair resolution.
03
Spousal Maintenance in Divorce
Spousal maintenance (alimony) may be awarded in connection with a divorce when one spouse lacks sufficient property to meet their reasonable needs or is unable to be self-sufficient through employment. Courts consider a range of statutory factors in determining whether maintenance is appropriate and, if so, the amount and duration.
We represent both spouses seeking maintenance and those opposing it. Whether you are pursuing a maintenance award or defending against one, we provide honest counsel about the likely outcome and advocate effectively for your position.
04
Children and Divorce
When a divorce involves minor children, the court must also address legal decision-making authority (the right to make major decisions about the child's life) and parenting time (the schedule for when each parent is with the child). These issues are resolved based on the best interests of the child.
Child support is calculated using Arizona's income shares guidelines, which take into account both parents' incomes, the parenting time schedule, childcare costs, and health insurance premiums. We ensure that support calculations are accurate and that all relevant factors are properly presented.
Facing a Divorce in Arizona?
The sooner you have experienced counsel, the better positioned you are. Contact the Law Office of Katherine Kraus, PLLC to schedule a consultation.
Or call directly
(623) 566-4500