Divorce Myths in Arizona You Shouldn’t Believe
Making the decision to end a marriage is never easy. The divorce process can feel overwhelming, emotional, and uncertain—especially when misinformation gets in the way. Whether you’ve heard “advice” from friends, read online forums, or listened to others’ experiences, it’s important to remember that every divorce is unique, and Arizona law doesn’t always work the way people think.
At Brown Family Law AZ, our experienced divorce attorneys have seen countless clients make mistakes because they relied on myths instead of facts. Misunderstandings about child custody, community property, and spousal rights can cause unnecessary conflict, delay, and expense.
In this article, our family law attorneys debunk some of the most common divorce myths in Arizona—and explain what’s really true.
Myth #1: “Mothers Always Get Custody of the Children”
One of the most persistent divorce myths in Arizona is that mothers automatically get child custody after a divorce. While this may have been common decades ago, Arizona’s family law has evolved significantly.
Today, the court system prioritizes the child’s best interests, not the gender of the parent. Judges consider several factors, including:
- Each parent’s ability to provide for the child’s emotional and physical needs
- The mental health and behavior of both parents
- Each parent’s relationship with the child before and after the divorce
- The child’s adjustment to school, home, and community
- Any history of domestic violence or neglect
In Arizona, joint legal custody, known as “legal decision-making”, is often favored, allowing both parents to share responsibility for important choices like education, healthcare, and religion. Similarly, parenting time (physical time spent with the child) is determined based on what arrangement supports the child’s best interests.
That means fathers and mothers both have equal opportunity to be involved in their children’s lives, as long as they can demonstrate that doing so benefits the child’s well-being.
Myth #2: “You Lose Everything If You’re the One Who Files for Divorce”
Many divorcing spouses fear that filing for divorce first will put them at a disadvantage. In reality, filing first doesn’t mean you “lose everything.” It simply means you start the legal process.
Arizona is a no-fault divorce state. This means that one spouse doesn’t have to “prove” the other did something wrong—like infidelity or abandonment—to obtain a divorce. Instead, you simply state that the marriage is “irretrievably broken.”
What truly matters is how assets, debts, and responsibilities are divided. Arizona follows community property state laws, meaning that almost all property and debts acquired during the marriage belong equally to both spouses—regardless of who filed first or who earned more money.
There are exceptions, such as separate property (assets owned before marriage, inheritances, or gifts), but filing for divorce doesn’t affect your ownership rights. What does matter is documentation, transparency, and proper legal representation to ensure a fair outcome.
Myth #3: “If My Spouse Cheated, I’ll Get More in the Divorce”
It’s natural to feel hurt or angry after infidelity, but Arizona’s divorce law is clear: because the state is no-fault, the court generally doesn’t consider cheating when dividing property or determining child custody.
However, there are a few limited situations where the court might take behavior into account—for example, if one spouse used marital funds to support an affair, that money could be reimbursed as part of the property division.
Outside of that, adultery typically has no bearing on how judges decide issues like spousal support or parenting time. Instead, courts focus on fairness and the best interests of the children.
That’s why it’s critical to talk to a qualified divorce lawyer before assuming how your marriage or your spouse’s behavior will impact your case. A skilled family law attorney can give you accurate, personalized divorce advice and protect your rights at every step.
Myth #4: “You Don’t Need an Attorney for an Uncontested Divorce”
In an uncontested divorce, both spouses agree on all major issues, such as child custody, child support, spousal support, and property division. While this sounds simple, even an uncontested divorce involves complex legal documents, deadlines, and court filings.
Many people try to handle these divorce proceedings alone, only to discover later that something was missed or misfiled. In some cases, this can lead to disputes years down the line when circumstances change.
An experienced divorce attorney ensures that all paperwork is accurate and that your agreement is fair, enforceable, and complete. They can also identify potential issues you may have overlooked—such as tax implications, hidden debts, or vague terms in your parenting plan.
Even if your divorce seems straightforward, consulting with a family law attorney before filing is a smart investment that saves you time, money, and trouble in the long run.
Myth #5: “Prenuptial Agreements Only Protect the Wealthy”
Another widespread misconception is that prenuptial agreements (or “prenups”) are only for rich couples or celebrities. In truth, prenuptial agreements are valuable for anyone who wants to define expectations, clarify financial responsibilities, or protect certain assets before marriage.
Arizona family law recognizes prenuptial agreements and postnuptial agreements as valid and enforceable, provided they’re fair and both parties signed voluntarily. These contracts can address:
- Division of property and debts
- Ownership of a business or inheritance
- Spousal support in the event of divorce or legal separation
- Rights to community property and separate property
A prenup doesn’t predict failure—it provides clarity. When handled properly, it can actually strengthen a marriage by removing uncertainty and reducing conflict if things ever change.
Our Arizona divorce attorneys have extensive experience helping couples create fair, transparent agreements that protect both parties’ interests while complying with state law.
Myth #6: “Child Support Ends When the Child Turns 18”
Many parents believe that child support automatically ends when their child turns 18, but that’s not always true. Under Arizona law, child support continues until the child turns 18 and has graduated from high school (or until they turn 19, whichever comes first).
In cases involving children with special needs or significant mental health conditions that affect their ability to live independently, courts may extend child support obligations even longer.
A divorce attorney can review your custody and support orders to ensure you understand your obligations and rights fully. It’s also worth knowing that child support can be modified if there are substantial changes in income, expenses, or parenting time.
Relying on myths about child support could lead to missed payments, court actions, or penalties—issues that a proactive family law attorney can help you avoid.
Myth #7: “You Can Ignore the Divorce Papers If You Don’t Agree”
One of the biggest mistakes people make during divorce proceedings is ignoring legal paperwork out of fear, denial, or anger. If you receive divorce papers and don’t respond, the court can issue a default judgment, meaning your spouse may get everything they asked for—without your input.
It’s essential to take every notice, filing, and hearing seriously. Even if you disagree with the terms, responding properly ensures that your side is heard and your rights are protected.
If you’re served with divorce papers, contact a qualified divorce attorney immediately. They’ll explain what to file, how to meet court deadlines, and what to expect throughout the legal process.
The Truth: Every Divorce Is Different
There’s no “one-size-fits-all” solution to ending a marriage. Every family has its own circumstances, history, and needs. While well-meaning friends might share their experiences, only a qualified family law attorney can give you reliable advice about your situation.
At Brown Family Law AZ, we’ve helped clients across Arizona navigate complex divorce cases, child custody disputes, spousal support, and property division. We understand how personal and emotional these issues can be—and we’re here to help you make informed, confident decisions about your future.
When misinformation spreads, it can make the divorce process even harder. The truth? You deserve accurate guidance, compassionate representation, and a clear path forward.
Talk to an Arizona Divorce Attorney You Can Trust
If you’re considering divorce or currently navigating the court system, don’t let myths or misinformation stand in your way. Our Arizona divorce attorneys are ready to help you separate fact from fiction, protect your rights, and create a plan that works for your family.
Call Brown Family Law AZ today at (480) 882-0767 to schedule your divorce consultation.
Our family law attorneys will answer your questions, explain the divorce process, and help you move toward a more stable and hopeful life—based on facts, not fear.
