Gilbert, Arizona Divorce Attorney

Understanding divorce in Arizona

No two divorces look the same, and as your Gilbert AZ divorce attorney, we take the time to understand what matters most to you — whether that's your children, your business, your home, or your financial security. We handle contested and uncontested divorces alike, working toward a fair settlement when possible and preparing to litigate aggressively when it's necessary.

Arizona is a "no-fault" divorce state, which means the court doesn't require either spouse to prove wrongdoing — a marriage can be dissolved simply because it's "irretrievably broken." To file in Arizona, at least one spouse must have lived in the state for 90 days before filing, and the county's Superior Court where either spouse resides typically has jurisdiction over the case. Arizona is also a community property state, which shapes how assets and debts get divided — more on that below.

From the first filing through property division, custody arrangements, and the final decree, our Gilbert, Arizona divorce attorney keeps you informed at every step, with clear communication and no surprises.

The divorce process, step by step

Every case is different, but most Arizona divorces move through the same general stages. Here's what to expect:

Dividing property and debt

Because Arizona is a community property state, most assets and debts acquired during the marriage — regardless of whose name is on the title or account — are generally divided equally between spouses. This can include the family home, retirement accounts, vehicles, business interests, and joint debt.

Property owned before the marriage, or received individually as a gift or inheritance during the marriage, is typically treated as separate property and stays with the original owner. In practice, the line between community and separate property is often contested, especially when separate funds were mixed with marital funds over the years, or when a business grew significantly during the marriage.

We work to accurately identify, value, and — when necessary — trace the source of contested assets, so property division reflects what you're actually entitled to.

Custody, child support, and spousal maintenance

If you have children, Arizona courts decide legal decision-making authority and parenting time based on your children's best interests — not on which parent "wins." Our Gilbert AZ child custody attorneys help you build a parenting plan that protects your relationship with your children while meeting the court's standards.

Child support is calculated using Arizona's child support guidelines, which weigh both parents' incomes, parenting time, and certain expenses like healthcare and childcare. Spousal maintenance (often called alimony) isn't automatic — the court considers the length of your marriage, each spouse's earning ability, age and health, and the standard of living established during the marriage. If support is a factor in your case, our Gilbert AZ alimony attorneys can walk you through what's realistic for your situation.

Contested vs. uncontested divorce

An uncontested divorce means you and your spouse agree on every issue — property, debt, custody, and support — and simply need the agreement documented and approved by the court. These cases tend to move faster and cost less, and we're able to handle many of them efficiently while still making sure the paperwork protects your interests.

A contested divorce means one or more issues are in dispute. That doesn't necessarily mean you'll end up at trial — many contested cases still settle through negotiation or mediation once both sides have exchanged financial information and had time to negotiate. When settlement isn't possible, we're prepared to litigate your case aggressively.

Why clients choose McWhorter Law Firm

Managing Attorney Heath McWhorter brings over two decades of experience handling complex litigation and family law matters across Arizona. A small, focused team means your case gets direct attention from the people who actually work on it, not a rotating cast of assistants — supported by a dedicated paralegal and intake staff who keep your case organized and you informed from the first call to the final decree.

We take a limited number of matters at a time so every client gets a strategy built around their specific situation, not a one-size-fits-all approach. Every case starts with an in-depth consultation where we listen first, then build a clear plan and honest assessment of your options before we ever step into a negotiation or courtroom.