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- Not Fully Understanding Arizona Divorce Laws
- Letting Emotions Drive Decisions
- Failing to Disclose or Track All Assets and Debts
- Overlooking the Impact on Children and Parenting Plans
- Trying to Handle the Divorce Without Experienced Legal Help
- Important Things to Remember About Divorce Mistakes
- FAQ
- Contact a Family Law Attorney From CHM Law
Many people approach divorce with the mindset of “getting it over with” as quickly as possible, only to regret hasty decisions later. Others unknowingly make mistakes that weaken their legal position or create unnecessary conflict. By learning the most common mistakes to avoid during a divorce, you can take informed steps from the very beginning to protect your rights, preserve your peace of mind, and work toward a more favorable outcome.
In this article, we will outline 5 common mistakes people make while going through a divorce in Arizona and explain how to avoid them. We will reference relevant Arizona Revised Statutes (ARS) where applicable, provide real-world examples, and share how the family law team at Colburn Hintze Maletta can guide you toward better outcomes.
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The 5 Most Common Mistakes To Avoid During a Divorce
Not Fully Understanding Arizona Divorce Laws
One of the biggest mistakes people make is assuming they understand how divorce works in Arizona because they’ve read something online or heard stories from friends. Divorce laws vary significantly by state, and Arizona has specific statutes that determine how property is divided, how spousal maintenance is awarded, and how parenting time is decided.
Arizona is a community property state under A.R.S. § 25-211, which means most assets and debts acquired during the marriage are considered jointly owned and will be divided equally, unless there is a valid agreement stating otherwise. People who fail to understand this often end up surprised when they cannot keep all of the income they earned or the property they purchased during the marriage.
Another area of misunderstanding involves spousal maintenance under A.R.S. § 25-319. Some assume that it is automatically awarded or lasts indefinitely. In reality, spousal maintenance depends on multiple factors, such as the length of the marriage, earning capacities, and whether one spouse contributed to the education or career of the other.
Example:
A spouse in Mesa went into her divorce assuming she would receive lifetime alimony (also known as spousal support) because she had been a stay-at-home parent for 12 years. However, she discovered Arizona courts often limit spousal maintenance to the time reasonably needed to gain financial independence.
How to Avoid This Mistake:
- Review the Arizona Revised Statutes and/ or consult a family law attorney early on.
- Understand the rules for property division, spousal maintenance, child custody, and child support before making financial or living arrangements.
- Avoid relying on friends’ divorce experiences unless they also occurred in Arizona.
Letting Emotions Drive Decisions
Divorce can stir up anger, resentment, fear, and sadness. When those emotions take control, decisions are often made out of spite or anxiety rather than strategy. Emotional decision-making can lead to agreeing to unfavorable settlements, fighting over minor items, or refusing reasonable offers to “win.”
In custody disputes under A.R.S. § 25-403, Arizona courts are required to consider the best interests of the child, which includes a parent’s ability to foster a healthy relationship between the child and the other parent. If a parent acts out of anger and tries to block the other parent’s access, it can backfire in court.
Example:
In Scottsdale, a father refused to share his children’s sports schedules with his ex-wife during the divorce because he was upset about the separation. The court viewed this as interfering with the children’s relationship with their mother, which influenced the final parenting time order against him.
How to Avoid This Mistake:
- Take a step back and evaluate decisions from a long-term perspective.
- Work with a counselor, therapist, or divorce coach to manage stress.
- Remember that settlement agreements are permanent and can be difficult to change later.
- Avoid making threats or refusing cooperation during negotiations.
Failing to Disclose or Track All Assets and Debts
Another common error is not providing a complete and accurate disclosure of all assets and debts, either by accident or intentionally. Arizona law requires both spouses to exchange sworn statements of financial information during divorce proceedings. If you fail to disclose accounts, property, or debts, it can cause delays, increase legal fees, and even lead to sanctions from the court.
Under A.R.S. § 25-318, marital property division must be “equitable,” which generally means equal unless there is a strong legal reason to do otherwise. If the court later discovers that assets were hidden, it can reopen the case and adjust the division.
Example:
A husband in Tempe did not disclose a $20,000 cryptocurrency account because he thought his wife would never find it. When she did, the court not only awarded her half of the account but also ordered him to pay her attorney’s fees for withholding the information.
How to Avoid This Mistake:
- Gather all financial records early, including bank accounts, retirement accounts, investments, real estate, and debts.
- Keep copies of statements from the past 1–3 years.
- Be honest with your attorney so they can develop the best strategy.
- If you suspect your spouse may hide assets, request subpoenas or forensic accounting.
Overlooking the Impact on Children and Parenting Plans
In divorces involving children, the parenting plan is one of the most essential elements. Unfortunately, many parents make the mistake of focusing solely on “winning” custody rather than creating a workable plan that meets their children’s needs. Others agree to vague or unrealistic schedules to end the conflict, only to face disputes later.
Arizona courts follow A.R.S. § 25-403, which prioritizes the child’s best interests. Factors include the child’s relationship with each parent, stability, and the ability to meet the child’s needs. Courts increasingly favor joint legal decision-making and substantial parenting time for both parents, unless there are safety concerns.
Example:
In Glendale, parents agreed to a 50/50 parenting schedule without considering their work hours. Within months, the constant last-minute changes caused tension, and they had to return to court to modify the order.
How to Avoid This Mistake:
- Create a parenting plan that accounts for school schedules, extracurricular activities, and each parent’s work commitments.
- Think about holidays, summer break, and transportation responsibilities.
- Include methods for resolving disputes, such as mediation.
- Put the focus on the child’s needs, not on punishing the other parent.
Trying to Handle the Divorce Without Experienced Legal Help
Some people believe they can save money by handling their divorce without an attorney, particularly in cases where they think they agree on all aspects. However, even in uncontested divorces, legal oversights can cost far more in the long run. Without a clear understanding of Arizona divorce law, it is easy to overlook crucial issues like tax implications, retirement accounts, or enforceable language in agreements.
Once a divorce decree is finalized, changing it can be difficult and expensive. An experienced divorce attorney can ensure that the final order protects your rights and addresses all necessary issues.
Example:
A woman in Chandler filed for divorce without legal advice, thinking she and her husband had agreed to divide everything equally. She later discovered he had kept a pension worth over $100,000, which she could have claimed under community property rules. By the time she realized it, the decree was final.
How to Avoid This Mistake:
- Consult with an attorney early, even if you expect an amicable split.
- Have an attorney review any agreements before filing with the court.
- Consider mediation with legal oversight for a less adversarial approach.
- Work with a firm like CHM Law that understands both the legal and emotional sides of divorce.
Important Things to Remember About Divorce Mistakes
Arizona is a community property state, meaning assets and debts acquired during the marriage are generally divided equally.
- Emotional decisions often lead to poor legal outcomes.
- Full financial disclosure is mandatory and can prevent costly disputes.
- Parenting plans should prioritize children’s needs and be realistic.
- Having legal representation can prevent long-term financial and custody problems.
FAQs About Avoiding Divorce Mistakes in Arizona
- Can I change my divorce agreement if I later realize I made a mistake?
In some cases, yes, but it depends on the issue. Property division is usually final once the decree is entered. Parenting plans and support orders can be modified if there has been a substantial change in circumstances under A.R.S. § 25-411. - What happens if my spouse hides assets during the divorce?
If hidden assets are discovered, the court can reopen the case, award you your share, and order your spouse to pay your attorney’s fees. This is why full disclosure is critical. - Will the court always split everything 50/50 in Arizona?
While Arizona is a community property state, there are situations where property division is not precisely equal, such as when one spouse proves certain assets are separate property under A.R.S. § 25-213. - How can I keep emotions from interfering with my divorce?
Consider therapy, support groups, or working with a divorce coach. Having a lawyer handle communication can also reduce conflict. - Can I draft my own parenting plan?
Yes, but it must meet Arizona’s legal requirements and address specific elements such as decision-making authority, holiday schedules, and dispute resolution methods. - Is it worth hiring an attorney for an uncontested divorce?
Yes, because even simple divorces involve legal paperwork that must be precise. An attorney ensures your agreement is enforceable and covers all essential details.
Contact a Family Law Attorney From CHM Law
Divorce is more than just a legal process—it is a turning point in your life. The decisions you make now can affect your finances, your children, and your peace of mind for years to come. At Colburn Hintze Maletta, we combine legal skill with compassion, giving you the guidance you need to avoid costly mistakes and move forward with confidence.
Our team provides one-on-one consultations to help you understand your rights under Arizona law, evaluate your options, and create a plan that works for your unique situation. We have strong relationships with Arizona courts and a deep understanding of how judges approach issues like property division, spousal maintenance, and parenting time.
Whether your divorce is contested or uncontested, straightforward or complicated, CHM Law will work to protect your interests at every stage. Call us today at 602-825-0212 or visit our website to schedule a free consultation with a dedicated divorce attorney.
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Real Client Reviews
Below are just a few of what our clients have to say!
“He handled my contested divorce with such professionalism and skills”
I was lucky to work with Attorney Tim Hintze on my family law matter, and I can’t thank him enough for the help he provided. He handled my contested divorce with such professionalism and skill, which really put my mind at ease. His guidance throughout the legal process was incredibly valuable, and he made sure to take care of every little detail in the court orders. Having Attorney Hintze by my side gave me so much peace of mind. He really listened to my concerns and offered thoughtful solutions. I would wholeheartedly recommend Attorney Hintze to anyone dealing with legal challenges, and I will always appreciate his support.
Ezequiel Magana- Google Review
“Got the most for the injury.”
Got the most for the injury, plus great customer service.
Mayra Alvarado - Google Review
“I quietly thank him every day for the skills he brought to the table in dominating and winning my case”
There are times in life when it really matters to hire the BEST, and when I found myself in one of those critical situations, I relied on David Maletta to get the job done. From the moment I hired David, I knew I had made the right decision, and he performed at the highest level to protect and protect me from the legal problems I faced. I cannot say enough about the professional top-level service I received, and I quietly thank David Maletta every day for the skills he brought to the table in dominating and winning my case. When the outcome is important, do not pick a lawyer out of the phone book, -go straight to David Maletta and hire him, -HIRE THE BEST!
David - Avvo Review
“The outcome was what I was hoping for!”
Darin Colburn was wonderful, professional and a wealth of information. He was so helpful along with Whitney his paralegal.. the outcome was what I was hoping for !! Thank you all for everything !! His entire office staff was great!! I am so thankful for all of you!!
Vicki Poutre - Google Review
“Handled my divorce case better than I could have ever hoped for”
Darin Colburn handled my divorce case better than I could have ever hoped for. From the first time I met with him, he was knowledgeable, professional, and genuine. He isn’t in it to rack up bills, he’s in it to accomplish what’s in the best interest of the children/family involved. He was aggressive when needed and absolutely a killer negotiator.
Brrittney White - Google Review
“He was my best choice”
During my long divorce I worked with few attorneys, and he was my best choice! He was always prepared, understanding the conflict and all new situations. His hard work and readiness helped me very much during this unpleasant process. He is young, but professional! He is a great attorney! Thank you, Darin.
Kristina Tsonev - Avvo Review
“I can’t thank their team enough for making this process smooth”
Just want to share my experience with CHM, it’s been really amazing despite my situation, they have answered all my questions thoroughly and made this process very easy for me, I definitely recommend it to anyone and I can’t thank their team enough for making this process smooth. They are very thorough when speaking and they are reassuring as well, it makes it easy to work with them.
Eduardo Hernandez - Google Review
“He helped me win a case that was not in my favor”
David was an amazing attorney when I needed someone to defend me with my speeding ticket. He helped me win a case that was not in my favor. He knows what he’s doing and takes his time with each case. He is so experienced and could probably help with just about any issue. 10/10 Recommend
Afton Maxner - Google Review
“They had very clear understanding with great patience”
I love the customer service. They really take their time to provide knowledge and a very clear understanding with great patience.
Monica Scott - Google Review
“They are truly the best in the business!”
Colburn Hintze Maletta is an absolute game-changer! Their expertise in both family and criminal law is unparalleled. From the moment I stepped into their office, I felt heard, understood, and confident in their abilities. Their team is incredibly knowledgeable, compassionate, and dedicated to achieving the best possible outcome. They went above and beyond to guide me through a complex legal process, providing clear explanations and unwavering support. I wholeheartedly recommend Colburn Hintze Maletta to anyone facing legal challenges. They are truly the best in the business!
Alex Morales - Google Review
“I recommend his service to anyone who is looking for a lawyer n the Arizona area”
I was facing a probation violation. I’m from Ohio and was sentenced to 4 years probation back in 2016. I violated back in Ohio I picked up another charge and was sentenced to 18 months in Ohio. As soon as I was released Arizona was there to pick me up to come to Arizona to answer that violation. The prosecutor wanted a presumption 5-year prison term. Dave and I went threw the process for 3 months and finally at the end Dave got me reinstated back on probation with 3 yrs credited so I only had to complete 1 yr on probation. Dave had me do a couple extra things the help better my case out I took his advice did community service while waiting for the outcome and did a couple other things, at the end it worked in my favor I recommend Dave service to anyone who is looking for a lawyer n the Arizona area, he is a hard worker him and his associates and they get u the best outcome possible. I appreciate everything he did and it was well work the price. Thanks Dave appreciate it.
Rasta - Avvo Review
“I Highly recommend him for those who need a great attorney “
Darin has been my attorney on a few different matters, over the past five years. He has become like family, as we have communicated he has been known to phone me on his way home, or on the weekend if something comes up. I have always valued Darin for his attention to detail, kindness, and passion for doing “what is right”. I would call Darin time and time again should I need his services. Thank you, Darin, for all you do – I appreciate you!
Karen - Avvo Review
“He was very thorough and professional all the way through”
Dave Maletta Attorney represented me in a legal matter and he did an excellent job. He was very thorough and professional all the way through. I would highly recommend his services and his firm. He and his firm did an excellent job apprising me every step of the way about what to do what to expect and the legal process. I very much appreciate his help and I would recommend his services and his firm very strongly as I feel I received a high value for the legal services I requested.
Roger Donohue - Google Review
“She provided me with the best experience”
Juanita was outstanding throughout my whole process. She provided me with the best experience I could possibly have through the toughest times of my life. Her team is exceptional as well as very knowledgeable and caring firm!
Danelly Aleman - Google Review
“She would be the one to call, and I highly recommend her”
Juanita assisted me with two important life matters- a divorce and a will. She is extremely patient, and kind and offers important advice. If I need her again I would not hesitate for one second. She would be the one to call, and I highly recommend her.
Tiffany Pless - Google Review
“Without him, I wouldn’t have the finest outcome conceivable”
Tim was able to make the entire procedure for me, who is not familiar with the legal system, quite simple. He kept the lines of contact open and called me anytime there was any fresh information on my case. Without Tim, I wouldn’t have the finest outcome conceivable. Tim Hintze has my highest recommendation.
Jennifer - Avvo Review
“They worked fast and hard to win my case”
They helped me and provided me with outstanding service. They worked fast and hard to win my case. I’m very grateful. Thank you!
Miguel Gomez - Google Review
“They are extremely capable and have great instincts”
Two of the partners of this firm supported me in some very contentious divorce issues. Darin and Tim are extremely capable and have great instincts on how to navigate sticky circumstances in a professional manner in front of Judges and court administrators. I found them to be understanding, time efficient, and sufficiently assertive to win my cases. For any Family Law or Criminal Defense situations, I would endorse and highly recommend this firm.
Vern Braaksma- Google Review
“I was impressed with his knowledge and quick response to my needs”
David Maletta is very detailed in his explanation of legal procedures. I was impressed with his knowledge and quick response to my needs. He instantly made me feel at ease. He is very professional, caring, and trustworthy. I highly recommend his services.
Diane Matelich - Google Review
“Thank you so much for your help and for truly caring”
I would like to thank Juanita & the office staff on behalf of my family. You are one of the best law firms I have ever dealt with. Your overall help during our time of need was outstanding. Thank you so much for your help and for truly caring.