Deciding to end a marriage is rarely simple. For most people, it’s a choice that arrives only after months of soul-searching. Once you’ve reached that point – the point where you know the marriage is over – the next question is practical: what should you do, and what should you avoid, to get through the process as smoothly as possible?

Handled well, a divorce doesn’t have to be a financial or emotional disaster. Taking the right steps early can lower conflict and make the transition easier for you, your spouse, and especially your children.

Divorce is, at its core, a legal proceeding that ends a marriage – but it’s rarely just a legal matter. Emotions run high, disagreements are common, and that’s exactly why solid legal guidance matters from the start.

At DM Cantor’s Family Law Practice, our attorneys walk clients through every stage of a divorce case. Where it makes sense, we look for ways to keep things out of the courtroom entirely – through mediation or collaborative divorce – since those paths tend to be faster and less adversarial than litigation.

That said, not every case is a good fit for a cooperative approach. When there’s domestic violence, child abuse, substance abuse, or hidden assets in the picture, you typically need a courtroom process and attorneys who know how to try a case.

The groundwork for a smoother divorce starts well before you file anything or say a word to your spouse. DM Cantor’s Family Law Practice can help you sidestep the mistakes that make divorces harder than they need to be.

Before You File: What to Do First

Before you bring up divorce with your spouse or file a petition with the Superior Court, there’s preparation work worth doing to protect yourself financially and legally.

1. Pull Together Your Financial Records

Start by collecting and organizing every financial document you can get your hands on. Your attorney will need this for filings and disclosures, and it’s far easier to gather now than later. Aim to collect:

• The last three years of tax returns
• Twelve months of bank statements
• Recent statements for every credit account
• Deeds and vehicle titles, whether jointly or individually owned
• Current 401(k), IRA, and pension statements for both spouses
• Recent brokerage account statements
• Tax returns for any business you or your spouse own
• Insurance policy documents (life, health, auto)
• An inventory of valuable art, collectibles, or similar property
• Credit reports from Equifax, Experian, and TransUnion

Do this before you say anything about divorce. Once proceedings start, a spouse who feels blindsided may become far less willing to share records – and these documents are required for the disclosures divorce cases demand anyway.

2. Talk to a Financial Advisor First

Divorce reshapes your finances in ways that are easy to underestimate. Before you take any formal steps, sit down with a financial advisor and bring the documents you’ve gathered. A good advisor can help you:

• Build a realistic budget for life after divorce
• Put together a savings plan
• Protect your credit
• Hold onto as much of your current lifestyle as possible

One important note: don’t use the advisor you and your spouse currently share. Find someone new, so your planning stays private. Once you retain an attorney, tell them you’re also working with a financial advisor – the two can coordinate on tax questions and other financial details.

3. Clean Up Your Social Media

Social media shows up as evidence in Arizona divorce cases more often than people expect. A photo or comment posted without a second thought can end up being used against you in a custody or financial dispute.

• Take down anything that could look bad out of context – partying, big purchases, new relationships
• Stop discussing the divorce, or your spouse, online
• Lock down your privacy settings so others can’t tag you or post to your profile
• When in doubt, take it down – if you’d have trouble explaining it in court, it shouldn’t be visible

Honestly, the simplest option is often to step back from social media entirely while your case is pending.

4. Meet with a Divorce Attorney Who Knows Arizona Law

Before you talk to your spouse, meet with an experienced Arizona divorce attorney. Early guidance from DM Cantor’s Family Law Practice can help you avoid missteps that are hard to undo later.

Come to that first meeting with:

• The financial documents you’ve collected
• Your financial advisor’s contact information
• Your spouse’s contact information
• Social Security numbers for you, your spouse, and your children

Getting legal advice early puts you in a much stronger position going forward.

5. Open Accounts in Your Own Name

Separating your finances from your spouse’s is one of the harder – and more important – parts of preparing for divorce.

• Open a bank account in your name alone
• Get a credit card in your own name if you don’t have one
• Pay off or transfer joint balances where you can
• Remove your spouse as an authorized user from your accounts

After You File: Staying on Track

Once the petition is filed, a few habits will help keep things moving smoothly:

• Track every court date and legal document carefully
• Stay in regular contact with your attorney and financial advisor
• Follow court orders and temporary agreements to the letter – custody, support, property, all of it
• Keep conflict with your spouse to a minimum, especially around your children or online
• Take care of yourself and lean on people who support you

Hire the Right Attorney

You can legally file for divorce without a lawyer, but that’s really only a reasonable option if there are no children, minimal assets, and both spouses are on genuinely good terms. Anything more complex – especially cases involving kids or shared property – calls for experienced representation.

When children are part of the picture, Arizona courts center everything on the child’s best interests. Cases touching on domestic violence, substance abuse, or child endangerment need a lawyer involved from the start.

If you think your spouse might be hiding or moving assets, DM Cantor’s Family Law Practice can help protect what’s yours – whether that means court or alternative dispute resolution.

Ask for Temporary Orders Right Away

When you file, you can also ask the court for temporary orders that set short-term arrangements while your case is pending, covering things like:

• Parenting time
• Legal decision-making authority
• Child support
• Spousal maintenance
• Temporary division of assets and debts

These stay in place until the court finalizes permanent orders.

Freeze Your Credit

A credit freeze stops anyone – including your spouse – from opening new accounts in your name. It’s not unheard of for a spouse in a contentious divorce to run up debt out of spite, so this is a simple, effective safeguard. Contact Equifax, Experian, and TransUnion directly to set one up, and you can lift it temporarily anytime you need access.

Get Every Agreement in Writing

If you and your spouse settle out of court, make sure every single term is written into the formal settlement agreement. Side deals and verbal understandings won’t hold up – if it’s not in the document, the court can’t enforce it.

What to Avoid

A few missteps tend to cause the most damage:

Don’t let emotions take over. Arguments and name-calling – especially in front of your kids – rarely help your case and often hurt it. If your spouse tries to provoke you, don’t engage. Stay focused on your interests and your children’s wellbeing.

Don’t tip your hand too early. Telling your spouse you’re planning to file before you’re actually ready can backfire badly – from drained joint accounts to a spouse leaving the state with your children. Prepare quietly first.

Don’t wait to request temporary orders. Delaying can leave you without protections around parenting time, decision-making, or support while the case is pending – and if your spouse out-earns you significantly, don’t skip requesting temporary spousal maintenance.

Divorce is never easy, but the right preparation makes a real difference.

Frequently Asked Questions

How long does a divorce take in Arizona? At minimum, Arizona requires a 60-day waiting period after your spouse is served before a divorce can be finalized. In practice, an uncontested divorce with no major disputes can wrap up in a few months, while a contested case involving custody, support, or complex assets can take a year or more.

Does my spouse have to agree to the divorce? No. Arizona is a no-fault state, meaning you only need to state that the marriage is “irretrievably broken.” Your spouse cannot block the divorce simply by refusing to agree, though contesting specific terms can extend the process.

What does “community property” mean for my divorce? Arizona is a community property state, so most assets and debts acquired during the marriage are generally considered jointly owned and are typically divided equally, regardless of whose name is on the account or title. Property owned before the marriage, along with gifts or inheritances kept separate, is usually treated as separate property – though how it’s handled can get complicated if it was mixed with shared finances.

What’s the difference between “legal decision-making” and “custody”? Arizona no longer uses the terms “custody” and “visitation” in its statutes. “Legal decision-making” refers to the authority to make major decisions about a child’s health, education, and welfare, while “parenting time” refers to the schedule of when the child is with each parent. Courts can award either joint or sole legal decision-making depending on the family’s circumstances.

Do I need a lawyer if my divorce is amicable? Not always. If you and your spouse have no children, minimal shared assets, and are in full agreement, filing without an attorney is possible. But even amicable divorces can have overlooked tax or asset-division issues, so many people still choose a brief attorney consultation just to review the settlement before signing.

What happens if my spouse and I can’t agree on anything? If you can’t reach an agreement through negotiation or mediation, the case proceeds to litigation, where a judge will decide the contested issues – property division, support, and parenting arrangements – based on Arizona law and the evidence presented.

Can I get spousal maintenance (alimony) in Arizona? It depends on factors like the length of the marriage, each spouse’s earning ability, age and health, and standard of living during the marriage. There’s no fixed formula in Arizona the way there is for child support, so outcomes vary based on the specifics of the case.

What if my spouse is hiding assets? This is one of the more common reasons couples end up needing full legal representation rather than mediation. An attorney can use formal discovery tools – subpoenas, depositions, forensic accounting – to uncover hidden accounts, property, or income that wasn’t voluntarily disclosed.

To talk through your situation, contact DM Cantor’s Family Law Practice at 602.254.8880 to schedule a consultation.