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Bachelor's Courtney Robertson Files AZ Divorce, Seeks Final Say Over 3 Kids

Courtney Robertson filed for divorce in Arizona after 6 years, seeking joint legal decision-making with final say. What ARS § 25-403 means for AZ parents.

By Antonio G. Jimenez, Esq.Arizona5 min read

Courtney Robertson, the 43-year-old winner of Ben Flajnik's 2012 season of The Bachelor, filed for divorce from attorney husband Humberto Preciado after nearly six years of marriage, citing "information that irreparably damaged the trust," according to TMZ. Her filing requests child support, spousal maintenance, and joint legal decision-making with final say over the couple's three young children — a request Arizona courts evaluate under Ariz. Rev. Stat. § 25-403.

Key Facts

DetailSummary
What happenedCourtney Robertson filed for divorce from Humberto Preciado
WhenFiling reported July 13, 2026; married nearly 6 years
WhereArizona (the couple's home state)
Who's affectedRobertson, Preciado, and their three young children
Key statutesARS § 25-403 (legal decision-making); ARS § 25-312 (spousal maintenance)
Practical impactCourt must resolve decision-making authority, support, and asset division

Why this matters legally

Robertson's request for "final say" is a specific, legally recognized arrangement in Arizona, not a vague preference. Arizona law distinguishes between joint legal decision-making — where both parents share authority over major decisions about education, healthcare, and religion — and a structure where parents share input but one parent holds tie-breaking authority when they cannot agree. Under ARS § 25-403, an Arizona family court judge must determine legal decision-making based on the best interests of the child, weighing eleven statutory factors. A parent's desire for final say does not automatically grant it; the court decides whether that arrangement actually serves the children.

Arizona is a no-fault divorce state, which means Robertson's citation of damaged trust is context, not a legal cause of action. To dissolve a marriage, ARS § 25-312 requires only that the court find the marriage is "irretrievably broken" — the exact language reportedly used in her petition. Arizona abolished fault-based grounds for standard marriages decades ago, so allegations of betrayal generally do not change property division or decision-making outcomes. You can read more about how no-fault divorce works and why courts rarely weigh marital misconduct.

How Arizona law handles this

Arizona courts resolve four separate issues in a contested divorce like this one: legal decision-making, parenting time, support, and property. Each follows its own statutory framework.

For legal decision-making, ARS § 25-403 directs judges to weigh the child's relationship with each parent, the child's adjustment to home and school, the mental and physical health of everyone involved, and which parent is more likely to encourage a continuing relationship with the other parent. Arizona notably does not use the word "custody" in its statutes — the state replaced it with "legal decision-making" and "parenting time" in 2013 to reduce winner-take-all framing. Final-say authority is one option courts can order when joint decision-making is otherwise appropriate but deadlock is likely.

For spousal maintenance, ARS § 25-319 sets a two-step test: the requesting spouse must first qualify for support, then the court sets the amount and duration. As of 2023, Arizona uses statewide spousal maintenance guidelines that produce a calculated range based on the length of the marriage and the income gap between spouses. A marriage of nearly six years typically falls into a shorter-duration award. If either spouse's finances change substantially later, spousal support modification is available.

Property division follows Arizona's community property rule under ARS § 25-318. Assets and debts acquired during the marriage are generally split equitably — which in Arizona usually means roughly equally — while property owned before the marriage or received by gift or inheritance stays separate. Because Preciado is himself an attorney, both spouses enter this process with legal sophistication, and the request for attorney's fees under ARS § 25-324 signals the case may be contested.

Practical takeaways

Whether or not you follow celebrity divorces, Robertson's filing illustrates decisions every Arizona parent faces. Here is how to approach them.

  1. Understand "final say" before you request it. Joint legal decision-making with tie-breaking authority is a real option under ARS § 25-403, but you must show the court why it serves your children — not just why it is convenient for you.

  2. Do not expect betrayal to change the outcome. Arizona is no-fault. Even documented dishonesty rarely alters property division or decision-making, so channel energy into evidence about parenting and finances rather than proving wrongdoing.

  3. Estimate spousal maintenance early. Arizona's 2023 guidelines let you calculate a likely range for a short-to-medium marriage. Knowing the ballpark prevents unrealistic demands or fears.

  4. Inventory community versus separate property. Under ARS § 25-318, what you owned before marriage or inherited stays yours if you can trace it. Gather documentation before negotiations begin.

  5. Plan for the timeline and cost. Arizona imposes a 60-day waiting period from service before a divorce can finalize, and contested cases run far longer. Our divorce cost estimator for Arizona and Arizona divorce timeline tool can help you set expectations.

  6. Build a step-by-step plan. If you are early in the process, a personalized divorce roadmap can help you sequence decisions about children, support, and property in the right order.

Robertson's case will play out privately, as most Arizona divorces do, and the specifics of any settlement are unlikely to become public. What her filing demonstrates is that even parties who are well-resourced and legally informed still work within the same statutory framework — best-interests analysis, no-fault dissolution, and community property — that governs every Arizona divorce.

If you are navigating decision-making, support, or property questions in Arizona, a knowledgeable family law attorney can explain how these statutes apply to your specific circumstances. You can find a divorce attorney in your county to discuss your options.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.

Key Questions

What does 'final say' mean in an Arizona custody case?

Final say means joint legal decision-making where both parents share input, but one holds tie-breaking authority during deadlock. Under Arizona ARS § 25-403, a judge grants this only if it serves the child's best interests, weighing eleven statutory factors — it is not automatic.

Does Arizona consider cheating or betrayal in a divorce?

No. Arizona is a no-fault state under ARS § 25-312, requiring only that the marriage be 'irretrievably broken.' Allegations of damaged trust or infidelity generally do not affect property division, spousal maintenance, or legal decision-making outcomes.

How is spousal support calculated in Arizona?

Arizona uses statewide spousal maintenance guidelines adopted in 2023. Under ARS § 25-319, a spouse must first qualify, then the court applies a formula based on marriage length and income gap. A six-year marriage typically results in a shorter-duration award.

How long does a divorce take in Arizona?

Arizona imposes a mandatory 60-day waiting period from the date of service before a divorce can finalize. Uncontested cases may resolve shortly after, but contested divorces involving children, support, and property often take many months longer.

Is property split 50/50 in an Arizona divorce?

Arizona is a community property state under ARS § 25-318. Assets and debts acquired during marriage are divided equitably — usually near-equal — while property owned before marriage or received by gift or inheritance remains separate if properly traced.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering Arizona divorce law

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