Arizona Divorce Checklist

Business Owner Divorce Checklist

Divorcing as a business owner in Arizona adds a significant layer of complexity to an already challenging process. Arizona is a community property state, meaning any increase in your business's value — or income generated from it — during your marriage may be considered community property subject to division. Whether you founded the company before or during your marriage, own it jointly with your spouse, or are the non-owner spouse trying to understand your rights, this checklist walks you through every critical step of a Business Owner Dissolution of Marriage in Arizona. From gathering financial records and hiring a qualified business valuator to structuring a buyout and protecting your employees, use this guide to stay organized, informed, and in control throughout the proceedings in Arizona Superior Court.

7 sections42 items total34 required*

Step 1: Confirm Arizona Eligibility & Understand Your Legal Footing

Verify Arizona residency requirement*

legal

Identify the grounds for dissolution*

legal

Determine whether yours is a Covenant Marriage*

legal

Understand the 60-day waiting period*

court

Consult a family law attorney experienced in high-asset and business divorces*

legal

Step 2: Gather and Organize All Business & Financial Documents

Collect business formation and ownership documents*

documents

Compile at least 3–5 years of business tax returns*

documents

Gather personal tax returns for the same period*

documents

Collect profit & loss statements, balance sheets, and cash flow statements*

documents

Document all business bank and investment accounts*

financial

Identify any business debts and liabilities*

financial

Gather records of any pre-marital business assets or contributions*

documents

Step 3: Determine Community vs. Separate Business Interest

Establish the date of business founding relative to marriage date*

legal

Trace any separate property contributions to the business*

financial

Evaluate whether your spouse contributed to the business's growth*

legal

Identify any spousal compensation arrangements

financial

Review any existing buy-sell or shareholder agreements for divorce provisions*

documents

Step 4: Obtain a Professional Business Valuation

Hire a Certified Business Valuator (CBV) or Certified Valuation Analyst (CVA)*

financial

Understand and apply the income approach to valuation*

financial

Evaluate the market approach to valuation

financial

Consider the asset approach to valuation

financial

Address personal goodwill vs. enterprise goodwill*

financial

Request a valuation date determination from your attorney*

legal

Step 5: Protect Business Operations During Proceedings

File for or comply with Preliminary Injunctions (Automatic Temporary Orders)*

court

Establish a clear separation of business and personal finances*

financial

Notify key business advisors (accountant, attorney, financial advisor) of the divorce*

legal

Assess the impact on business partners or co-owners

property

Develop a plan to maintain employee stability and business continuity

personal

Secure and back up all digital business records*

documents

Step 6: Negotiate the Business Settlement & Buyout Structure

Decide between a buyout, co-ownership, or business sale*

property

Explore buyout funding options*

financial

Structure an installment buyout agreement carefully

legal

Address spousal maintenance (alimony) in the context of business income*

financial

Consider mediation to resolve business valuation disputes

court

Draft a comprehensive Marital Settlement Agreement (MSA) covering all business terms*

legal

Step 7: Finalize Court Filings, Decree & Post-Decree Obligations

File all required forms with Arizona Superior Court*

court

Complete full financial disclosure via the Affidavit of Financial Information (AFI)*

court

Address parenting plan if minor children are involved

children

Obtain the Decree of Dissolution of Marriage*

court

Transfer business ownership interests per the Decree*

post-decree

Update business accounts, licenses, and registrations*

post-decree

Revise your estate plan and beneficiary designations*

post-decree

Ready to start your Arizona divorce?

Clarity Divorce guides you through the paperwork with official Arizona court forms, step-by-step instructions, and county-specific filing details. $299 flat fee.