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Divorce in Arizona: The Complete 2026 Guide

Arizona requires a 60-day waiting period after the petition is filed before a divorce can be finalized. Filing fees start at approximately $250–$349 depending on your county. Arizona is a no-fault, community property state — and as of September 2025, the state's revised spousal maintenance guidelines changed how courts calculate support amounts and duration.

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Arizona requires a 60-day waiting period after the petition is filed before a divorce can be finalized. Filing fees start at approximately $250–$349 depending on your county. Arizona is a no-fault, community property state — and as of September 2025, the state's revised spousal maintenance guidelines changed how courts calculate support amounts and duration.

Arizona Divorce: Fast Facts

Key Arizona divorce facts at a glance
Topic Detail Learn More
Waiting Period 60 days mandatory from the date the petition is filed — cannot be waived. Most uncontested divorces take 90–120 days from filing to final decree. Arizona divorce timelines →
Filing Fee ~$250–$364 depending on county. Maricopa County: ~$349; Pima County: ~$266. Verify current fee with your county's Superior Court. Fee waivers and deferrals available for qualifying low-income filers. Arizona divorce costs →
Property Division 50/50 community property state. Assets and debts acquired during marriage are divided equally by default. Separate property — owned before marriage, gifts, inheritances kept separate — is not divided. Spouses may agree to a different division. Community property guide →
Residency Requirement 90 consecutive days in Arizona before filing. Active duty military stationed in Arizona for 90 days also qualify. File in the Superior Court of the county where you live. Arizona divorce process →

How to File for Divorce in Arizona

Arizona is a no-fault divorce state for standard marriages — you cite "irretrievable breakdown" and do not need to prove any wrongdoing. One spouse files a Petition for Dissolution of Marriage; the other is served and has 20 days (or 30 days if out of state) to respond. Arizona's mandatory 60-day waiting period begins on the date the petition is filed. Uncontested cases typically close in 3–6 months; contested divorces can take 12–24+ months.

  1. Confirm Residency Requirements

    At least one spouse must have lived in Arizona for 90 consecutive days before filing. Active duty military members stationed in Arizona for 90 days also qualify. File your Petition for Dissolution in the Superior Court of the county where you currently reside. If you have children under 18, their residence history may also affect where custody matters are heard.

  2. Complete and File Your Petition

    Complete the Petition for Dissolution of Marriage (with or without children, depending on your situation). File the original petition plus two copies at your county's Superior Court in person, by mail, or via e-filing if your county offers it. Pay the filing fee at the time of filing — approximately $250–$364 depending on your county. If you cannot afford the fee, you may apply for a deferral or waiver at the time of filing.

  3. Serve Your Spouse

    After filing, you must formally serve your spouse with the Petition and Summons. Acceptable methods include personal service by a deputy sheriff or licensed process server, or — if your spouse lives out of state — certified mail with return receipt. Your spouse then has 20 days (in-state) or 30 days (out-of-state) to file a Response. The 60-day waiting period begins on the date the petition was filed, not the date of service.

  4. Complete Required Prerequisites

    If you have children under 18, both parents must complete a Parent Information Program (PIP) class — an Arizona-mandated parenting seminar that costs approximately $50 per person and is available online. In most custody disputes, Arizona law also requires court-approved mediation before a trial date can be set. These requirements apply regardless of whether your divorce is contested.

  5. Exchange Financial Disclosures

    Arizona requires both spouses to submit an Affidavit of Financial Information when the case involves any financial issue — including property division, child support, spousal maintenance, or attorney fees. This form discloses each spouse's income, expenses, assets, and debts. Both spouses must complete and serve this affidavit; filing the proof of service with the court confirms the exchange occurred.

  6. Reach Agreement and Sign a Consent Decree

    For uncontested cases, both spouses agree in writing on all terms — property division, spousal maintenance, legal decision-making, parenting time, and child support — and memorialize those terms in a Consent Decree of Dissolution of Marriage. The responding spouse files a Response and pays the response filing fee. Both parties sign the Consent Decree, which is submitted to the judge for review and signature.

  7. Receive Your Final Decree of Dissolution

    After the 60-day waiting period has passed and all required documents are in order, the judge signs the Decree of Dissolution of Marriage. For uncontested cases, no court hearing is required — the judge reviews the paperwork and mails the signed Decree. Your divorce is final on the date the judge signs the Decree. Obtain at least 3 certified copies from the court clerk for name change, financial account updates, and records purposes.

No court appearance required for most Arizona divorces: In an uncontested Arizona divorce, you typically will not appear before a judge. The judge reviews your paperwork and signs the Consent Decree by mail. If your case becomes contested — meaning you and your spouse cannot agree — a judge will set a trial date to resolve outstanding issues. Court-ordered mediation is now required in most custody disputes before a trial date is set.

Arizona Divorce Laws: Grounds, Residency, and Covenant Marriage

Arizona is a no-fault divorce state for standard marriages. Citing "irretrievable breakdown of the marriage" is the only ground required — you do not need your spouse's agreement, and the court does not weigh fault or marital misconduct. Arizona also recognizes a special category called "covenant marriage," which is a more binding legal commitment with stricter divorce rules. Most Arizona couples have standard marriages and follow the no-fault path.

Arizona divorce law: grounds, residency, and filing rules
Topic Arizona Rule Statute
Grounds — Standard Marriage Irretrievable breakdown (no-fault); no fault grounds required or considered A.R.S. § 25-312
Grounds — Covenant Marriage Fault grounds required: adultery, abandonment (1+ yr), serious crime, abuse, DV, 2-yr separation, or mutual consent after separation counseling A.R.S. § 25-903
Waiting Period 60 days from date petition is filed — cannot be waived or shortened A.R.S. § 25-329
State Residency 90 consecutive days in Arizona before filing (or 90 days stationed in AZ for active military) A.R.S. § 25-312
Where to File Superior Court of the county where the filing spouse resides A.R.S. § 25-331
Response Deadline 20 days (in-state); 30 days (out-of-state) A.R.S. § 25-314
Fault Grounds — Standard Marriage None — fault is not recognized and does not affect property division or spousal maintenance A.R.S. § 25-312

Do You Have a Covenant Marriage? Check Your Marriage License

Arizona is one of only three states that recognizes covenant marriage — a voluntary, more legally binding form of marriage that requires pre-marital counseling and carries stricter divorce rules. If you specifically chose covenant marriage when you married, it will be indicated on your marriage license. Most Arizona couples have standard marriages and do not have a covenant marriage.

Standard marriage divorce:

  • No fault required — cite irretrievable breakdown
  • No separation period required before filing
  • Spouse's consent is not required to proceed

Covenant marriage divorce requires one of:

  • Adultery, abandonment (1+ yr), or serious criminal conviction
  • Physical or sexual abuse, domestic violence, or emotional abuse
  • Living separate and apart for 2+ years, or regular drug/alcohol abuse
  • Mutual consent after completing required separation counseling

⚠️ Attorney review recommended: Covenant marriage divorce is complex. If your marriage license indicates a covenant marriage, consult a Hello Divorce attorney before filing to ensure you meet the required grounds. Attempting to divorce on standard no-fault grounds when you have a covenant marriage will result in a rejected petition.

For the complete Arizona divorce statutes, visit the Arizona Revised Statutes Title 25. For free forms and self-help guides, visit azcourthelp.org.

Property Division in Arizona: Community Property

Arizona divides marital property under the community property standard: all assets and debts acquired during the marriage are presumed equally owned by both spouses and divided 50/50 at divorce. Arizona law does not weigh fault, contribution, or financial need in property division — the default is equal. Spouses who reach their own written agreement can divide property differently than the 50/50 default, and courts generally honor those agreements.

Arizona community property categories and division rules
Property Category Definition Subject to Division?
Community Property Assets and debts acquired during the marriage by either spouse Yes — equal 50/50 split
Separate Property Assets owned before marriage; gifts and inheritances received during marriage and kept separate No — returned to the owner
Commingled Property Separate property mixed with community funds (e.g., inheritance deposited into a joint account) Community portion only — burden on owner to trace separate funds
Community Debts Debts incurred during the marriage (credit cards, loans, mortgages) Yes — divided equally or by agreement
Separate Debt Debt incurred before marriage or after the date of service (in most circumstances) No — assigned to the incurring spouse

Key Arizona community property rules:

  • Income earned by either spouse during the marriage is community property — including wages, bonuses, and self-employment income
  • Retirement contributions made during the marriage are community property to the extent earned during marriage — divided via a Qualified Domestic Relations Order (QDRO)
  • A spouse claiming separate property must be able to trace it with documentary evidence — the community property presumption is strong
  • Fault and marital misconduct do not affect property division in Arizona — the court divides assets based on when they were acquired, not how the marriage ended
  • Important note on debt: your divorce decree assigns debt between you and your spouse — but it does not change your obligations to creditors. Joint debts paid late or unpaid by your ex can still damage your credit.

Arizona's "date of service" matters for community property: Community property accumulation generally stops on the date the Petition is served on your spouse (not the filing date). Income and assets acquired by either spouse after the service date may be treated as separate property. If you and your spouse separated years before filing, that separation date — and the evidence supporting it — can significantly affect how much community property exists to be divided.

Spouses can resolve all property matters through a written Consent Decree or settlement agreement at any time. Use our settlement agreement checklist and property division spreadsheet to inventory your community estate. For high-asset cases or businesses, a Certified Divorce Financial Analyst can help you model division scenarios and understand the tax implications.

Spousal Maintenance in Arizona

Arizona calls it "spousal maintenance" — not alimony. It is not automatic, and fault or marital misconduct does not determine eligibility. A spouse must first qualify under one of five statutory criteria before the court considers how much and for how long to award support. As of September 1, 2025, the Arizona Supreme Court's revised Spousal Maintenance Guidelines — including a new calculator — are in effect for all orders entered on or after that date. These changes significantly affect how amounts and durations are calculated.

Types of spousal maintenance in Arizona
Support Type When It Applies AZ Statute
Temporary Maintenance While the case is pending; requested by motion and ordered by the court pending final decree A.R.S. § 25-315
Rehabilitative Maintenance Fixed-term support to help the receiving spouse gain education, training, or employment to reach self-sufficiency A.R.S. § 25-319
Long-Term Maintenance Extended support for long marriages or where self-sufficiency is not realistically achievable; Arizona does not award lifetime support A.R.S. § 25-319
Modifiable Maintenance Either party may petition to modify upon a substantial and continuing change in circumstances (job loss, remarriage, disability) A.R.S. § 25-327

Spousal Maintenance Eligibility

A spouse must meet at least one of these five eligibility criteria before maintenance can be awarded:

  • Insufficient property: Lacks sufficient property — including property awarded in the divorce — to provide for their own reasonable needs
  • Unable to be self-supporting: Cannot find employment sufficient to be self-sufficient, or is the custodian of a child whose age or condition makes it appropriate that the parent not seek outside employment
  • Career contribution: Contributed financially to the other spouse's educational, training, vocational, or career advancement during the marriage
  • Reduced opportunities: Significantly reduced their own income or career opportunities for the benefit of the other spouse
  • Long marriage / advanced age: The marriage was of long duration and the requesting spouse is of an age that makes self-sufficient employment impracticable

2025 Update: Arizona's Revised Spousal Maintenance Guidelines Are Now in Effect

Effective September 1, 2025, the Arizona Supreme Court adopted significantly revised Spousal Maintenance Guidelines (Administrative Order No. 2025-101). These guidelines apply to all maintenance orders entered on or after that date. The changes generally favor the paying spouse in higher-income cases and extend potential duration for longer marriages.

Key changes under the 2025 guidelines:

  • Monthly mortgage principal payments removed from the calculator — typically results in lower support amounts
  • High-income adjustment threshold raised from $100,000 to $175,000 combined household income — higher earners generally pay less under the new formula
  • Maximum duration extended for long marriages — marriages of 16+ years can now support awards up to 12 years (previously capped at ~8 years)

What the guidelines still require:

  • Eligibility finding first — the calculator cannot create a right to maintenance on its own
  • Arizona does not award lifetime maintenance — all awards are fixed-term and aimed at self-sufficiency
  • Maintenance terminates automatically upon the death of either spouse or the remarriage of the receiving spouse

The "Rule of 65": If the requesting spouse's age plus the length of the marriage equals 65 or more, the court has additional discretion in setting duration. This rule recognizes the particular difficulty older spouses face in re-entering the workforce after a long marriage. ⚠️ Flag for attorney review — application of the Rule of 65 is fact-specific and should be discussed with a family law attorney.

Adultery and misconduct do not affect spousal maintenance in Arizona: Unlike some states, Arizona law explicitly does not consider fault or marital misconduct when determining eligibility or amount for spousal maintenance in a standard marriage. Maintenance is based entirely on financial need, self-sufficiency, and the factors in the guidelines — not on how the marriage ended.

For a general estimate of support amounts, see our alimony calculator guide and our full resource on spousal maintenance in Arizona. For cases with significant income disparity or complex support claims, a Certified Divorce Financial Analyst can help you model scenarios before negotiating your settlement.

Legal Decision-Making and Parenting Time in Arizona

Arizona does not use the word "custody." State law uses "legal decision-making" (the right to make major decisions about the child's education, healthcare, and religious upbringing) and "parenting time" (the schedule of when the child is physically with each parent). Courts determine both based on the best interests of the child, and Arizona law establishes a strong presumption that children benefit from meaningful time with both parents. Neither parent has a gender-based advantage in Arizona courts.

Legal Decision-Making

The right to make major life decisions for your child — school enrollment, medical treatment, religious practice. Arizona courts strongly favor joint legal decision-making, meaning both parents share this authority. Sole legal decision-making may be ordered when there is documented domestic violence, substance abuse, or a pattern of one parent undermining the other's role. Joint legal decision-making does not require equal parenting time — it refers to decision-making authority only.

Parenting Time

Where the child spends their time day-to-day. Arizona courts begin from a presumption that both parents have equal rights to parenting time and that frequent, continuing contact with both parents serves the child's best interests. Parents who agree on a parenting plan can adopt virtually any schedule — the court approves arrangements that serve the child's stability and wellbeing. The parenting time percentage directly affects child support calculations under Arizona's Income Shares Model.

Factors Arizona courts weigh when determining legal decision-making and parenting time:

  • The past, present, and potential future relationship between the child and each parent
  • The child's adjustment to home, school, and community, and the desirability of maintaining continuity
  • Any history of domestic violence or child abuse — courts are required to consider evidence of domestic violence and may impose conditions on parenting time
  • Which parent is more likely to allow the child frequent, meaningful, and continuing contact with the other parent
  • Whether either parent has provided false information to the court to gain an advantage in custody proceedings — courts take this seriously
  • The mental and physical health of all individuals involved, including the child's interaction with siblings and other significant relationships

Arizona child support uses the Income Shares Model: Child support is calculated using both parents' gross incomes, the parenting time split, healthcare costs, and childcare expenses. The Arizona Courts provide an official online child support calculator at azcourts.gov. In 2025, Arizona updated its child support formula to better reflect modern living costs and shared parenting arrangements. If you and your spouse agree to a different support amount, you must demonstrate to the court that the agreed amount adequately serves the child's needs.

Relocation notice requirement: If you have a joint legal decision-making or parenting time order and both parents live in Arizona, you must give at least 45 days' written notice by certified mail before relocating the child or changing the child's residence. Failure to provide proper notice can result in serious legal consequences, including modification of the parenting time order.

For full child support guidance, visit child support calculators by state. For parenting plan guidance, see our joint custody guide. For parenting disputes, Hello Divorce mediation services can help you reach a parenting plan without litigation.

How Much Does a Divorce Cost in Arizona?

An Arizona divorce can cost as little as $250–$364 in court filing fees for a straightforward uncontested case — or $15,000–$30,000+ per spouse in a fully contested divorce with attorneys and trial. Filing fees vary by county; Maricopa County charges approximately $349 to file a Petition for Dissolution, while Pima County charges approximately $266. The single biggest cost driver is disagreement: every issue that requires a judge's decision rather than a negotiated settlement adds attorney hours, court time, and delay.

Arizona divorce cost estimates by path
Divorce Path Estimated Total Cost Primary Cost Driver
DIY Uncontested (Self-Help) $250–$500 Court filing fee only; forms completed by the parties using court self-help resources
Hello Divorce (Online Guided) $1,500–$5,000 + court fee Plan level + optional expert hours; flat-rate pricing
Mediated Uncontested $3,000–$8,000 Mediator hourly rate ($100–$300/hr) + Consent Decree drafting + court fees
Attorney-Led Uncontested $3,000–$8,000 Attorney flat fee or hourly; low court involvement
Fully Contested (Trial) $15,000–$30,000+ per spouse Attorney rates $250–$450/hr in Phoenix/Tucson metro areas; discovery, hearings, trial

Additional Arizona-specific costs to budget for:

  • Response filing fee — approximately $274 in Maricopa County when your spouse files a Response or Consent Decree answer; fee varies by county
  • Process server fees — typically $50–$100 for standard service; higher for evasive spouses or out-of-county service
  • Parent Information Program (PIP) class — approximately $50 per person; required for both parents when minor children are involved; available online
  • QDRO drafting — $500–$1,500 per retirement plan to divide 401(k), pension, or IRA accounts; required when retirement assets are part of the community estate; see our QDRO guide
  • Certified copies of the Decree — varies by county; obtain 3–5 certified copies for name change, beneficiary updates, mortgage refinancing, and financial account records

If cost is a concern, read our guide on how to get divorced with little or no money. Fee deferrals and waivers are available at all Arizona Superior Courts for qualifying filers — apply at the time of filing using your county's waiver form, or visit azcourts.gov fee waivers.

Uncontested vs. Contested Divorce in Arizona

An Arizona divorce is uncontested when both spouses agree on every issue — property division, spousal maintenance, legal decision-making, parenting time, and child support — and formalize that agreement in a Consent Decree. No court hearing is required. A divorce becomes contested when any issue cannot be resolved between the parties and a judge must decide. Contested cases take significantly longer and cost substantially more.

Comparison of Arizona divorce paths: uncontested, mediated, and contested
Path How It Works Typical Timeline Estimated Cost
Uncontested / Consent Decree Both spouses agree on all terms in writing; no court hearing required — judge reviews and signs paperwork 3–6 months from filing $500–$5,000 depending on whether you use professional assistance
Mediated / Collaborative Neutral mediator helps both spouses reach agreement; suitable when parties have disputes but want to avoid court. Arizona requires court-approved mediation before trial in most custody disputes (2025). 4–9 months typically $3,000–$8,000; significantly less than litigation
Contested / Litigated A judge decides unresolved issues after hearings or trial; mediation is typically required by the court before a trial date is granted 12–24+ months; complex cases may take longer $15,000–$30,000+ per spouse in fully litigated cases

Not sure which path applies to your situation? Read our full comparison: Contested vs. Uncontested Divorce — What's the Difference? and our dedicated guide to uncontested divorce in Arizona.

If you and your spouse are close to agreement but stuck on specific issues, Hello Divorce mediation services can help bridge the gap at a fraction of litigation costs. Mediation is especially effective for parenting time disputes, property division, and spousal maintenance negotiations.

Legal Separation vs. Divorce in Arizona

Arizona recognizes legal separation as a formal court status. The process closely mirrors divorce — same residency requirement, same forms, same financial disclosures, same court judgment — but at the end you remain legally married. Unlike divorce, there is no mandatory 60-day waiting period for legal separation; a judgment can be entered as soon as terms are resolved. Legal separation is an option worth understanding before you file.

Legal separation vs. divorce in Arizona: key differences
Factor Legal Separation Divorce
Marital Status After Remain legally married — cannot remarry Marriage legally dissolved — can remarry
Waiting Period No mandatory 60-day waiting period — judgment can be entered as soon as all terms are resolved Mandatory 60-day waiting period from date of filing
Residency Requirement Can file immediately upon establishing Arizona residence — no 90-day requirement 90 consecutive days of Arizona residency required before filing
If Spouse Contests If your spouse contests the separation and wants a divorce instead, the court may convert the case to a dissolution proceeding Court will grant dissolution even over objection
Conversion Option A legal separation decree can be converted to a divorce at either party's request later — the original filing date is preserved N/A

Why Choose Legal Separation?

  • Preserve a spouse's health insurance coverage through the other's employer plan — divorce typically terminates spousal coverage immediately
  • Reach the 10-year marriage threshold for Social Security spousal benefit eligibility
  • Religious or personal objections to divorce while still needing court-ordered property, support, and parenting arrangements
  • File immediately without meeting the 90-day residency requirement — legal separation can be filed as soon as you establish Arizona residence

Residency shortcut: Arizona's 90-day residency requirement applies to divorce only — not to legal separation. If you have just arrived in Arizona and have not yet lived here for 90 days, you can file for legal separation immediately and later convert the case to a divorce once you meet the residency requirement. This preserves your filing date and starts the community property cutoff clock right away.

To understand your options before filing, read our guide: Legal Separation vs. Divorce in Arizona. For settlement agreement guidance applicable to both paths, see our settlement agreement checklist.

Arizona Divorce Forms and Paperwork

Arizona uses standardized statewide forms available free through the Arizona Courts self-help portal at azcourthelp.org and through your county's Superior Court website. Many counties also offer the ez Court Forms interactive interview tool to help you complete the required documents step by step. The core forms below apply statewide; some counties require additional local cover sheets at filing.

Arizona divorce forms: required documents and their purpose
Form / Document Purpose Required?
Petition for Dissolution of Marriage Primary document initiating the divorce; filed by the Petitioner with the Superior Court Yes — always
Summons Served with the Petition; notifies the Respondent of the case and of automatic court orders (ATROs) that take effect upon filing Yes — always
Response to Petition for Dissolution Filed by the Respondent within 20 days (in-state) or 30 days (out-of-state) of being served; triggers separate response filing fee Required from Respondent
Affidavit of Financial Information Discloses each spouse's income, expenses, assets, and debts; required when financial issues, child support, spousal maintenance, or attorney fees are at issue Yes — in most cases
Parenting Plan Written agreement detailing legal decision-making authority and parenting time schedule; must be submitted when the case involves children under 18 Yes — if children
Child Support Order / Worksheet Calculates guideline child support using both parents' incomes and parenting time; must be submitted with the Consent Decree when children are involved Yes — if children
Spousal Maintenance Worksheet Required for any Consent Decree, default decree, or court order involving spousal maintenance; must accompany the calculator output under the 2025 guidelines Yes — if maintenance ordered
Consent Decree of Dissolution of Marriage The final written agreement signed by both spouses covering all divorce terms; submitted to the judge for signature in uncontested cases Yes — uncontested cases
Decree of Dissolution of Marriage The final court order signed by the judge; legally ends the marriage and incorporates all agreed or ordered terms Yes — always
Fee Deferral / Waiver Application Requests a court filing fee waiver or deferral for qualifying low-income filers; submit at time of filing Optional — if requesting waiver

All official Arizona divorce forms are available free at azcourthelp.org and through your county Superior Court's self-help center. Hello Divorce guides you through completing every required form accurately — see our divorce forms assistance or view all plans.

Changing Your Name After Divorce in Arizona

In Arizona, you can request a name restoration in your Petition for Dissolution at the time of filing — at no additional cost. The request must be made before the judge signs the Decree. Once the name change is included in your Decree of Dissolution, use the certified copy of that Decree to update your records across all agencies and institutions in the sequence below.

  1. Social Security Administration — Update your SSA record first using your certified Decree and a government-issued photo ID. Visit your local SSA office, submit Form SS-5 by mail, or begin the process online at ssa.gov. An updated SSA card is required before the Arizona MVD will update your driver's license.
  2. Arizona Motor Vehicle Division (MVD) — Visit an MVD office or authorized third-party provider with your updated SSA card, certified Decree, and proof of Arizona residency. Arizona offers online and in-person MVD services; check the Arizona MVD website for current requirements and appointment availability.
  3. U.S. Passport — Submit the appropriate DS form with your certified Decree. Use DS-5504 if your passport was issued less than 1 year ago (no fee); DS-82 if issued more than 1 year ago (fee required); or DS-11 for a first-time application or if your passport was issued more than 15 years ago.
  4. Financial accounts, employer HR, and insurance — Contact each institution individually with a certified copy of your Decree. Order at least 3–5 certified copies from the Superior Court clerk when you receive your Decree — fees vary by county. Keep copies accessible; you will need them repeatedly over the following months.

Request name restoration before the Decree is signed: Under Arizona law, the name change request must be made before the judge signs the final Decree. If it is omitted from the Petition, you will need to file a separate petition for name change through the courts after the divorce is final — an additional process with additional fees. Include the request in your initial filing to avoid this.

For a complete post-divorce name change checklist, see our guide: How to Change Your Name After Divorce. For Arizona-specific questions, visit our knowledge base.

Local Arizona County Court Resources

File your Arizona divorce in the Superior Court of the county where you reside. Below are direct links to the family court or dissolution information pages for Arizona's five most populous counties.

Frequently Asked Questions: Divorce in Arizona

How long does a divorce take in Arizona?

The minimum is 60 days from the date the Petition for Dissolution is filed. This waiting period is set by state law and cannot be waived or shortened under any circumstances. In practice, most uncontested divorces take 3–6 months from filing to final Decree, accounting for the time needed to serve your spouse, complete financial disclosures, and have the judge review and sign the paperwork. Contested divorces — where a judge must decide unresolved issues — typically take 12–24 months or longer depending on the complexity of the disputes and court scheduling. See our full guide: Arizona Divorce Waiting Period Explained.

Is Arizona a 50/50 divorce state?

Yes — Arizona is a community property state, which means all assets and debts acquired during the marriage are presumed equally owned and divided 50/50 at divorce. This is a key distinction from equitable distribution states, which divide property based on what is "fair" rather than strictly equal. Separate property — assets owned before marriage or received as gifts or inheritances and kept separate — is not divided. Fault and marital misconduct do not affect property division in Arizona. Spouses who reach their own written agreement can divide community property differently than the 50/50 default, and courts generally honor those agreements. For complex asset situations, a Certified Divorce Financial Analyst can help you model division outcomes.

Does Arizona require a reason to get divorced?

No — for standard marriages. Arizona is a no-fault divorce state for non-covenant marriages. You simply state that the marriage has suffered an irretrievable breakdown, meaning it cannot be repaired. You do not need your spouse's consent or cooperation. Even if your spouse objects, the court will grant the dissolution. Fault and marital misconduct do not affect the grounds for divorce, property division, or spousal maintenance eligibility in a standard marriage. The only exception is a covenant marriage, which requires proof of specific fault grounds such as adultery, abandonment, abuse, or a two-year separation. Read more: No-Fault Divorce in Arizona.

What changed with Arizona's spousal maintenance rules in 2025?

Effective September 1, 2025, the Arizona Supreme Court adopted revised Spousal Maintenance Guidelines that apply to all maintenance orders entered on or after that date. The key changes: monthly mortgage principal payments were removed from the support calculator (generally resulting in lower amounts); the high-income adjustment threshold was raised from $100,000 to $175,000 in combined household income (benefiting higher earners); and the maximum duration was extended for long marriages — marriages of 16 or more years can now support awards of up to 12 years, compared to roughly 8 years under the prior guidelines. Arizona still does not award lifetime maintenance; all awards are fixed-term and aimed at helping the receiving spouse reach self-sufficiency. A court must also find that a spouse is eligible for maintenance before the calculator applies — the calculator cannot create eligibility on its own. For a detailed analysis, consult a Hello Divorce attorney.

What happens to the house in an Arizona divorce?

If the home was purchased during the marriage, it is community property and subject to equal division. Common resolutions include one spouse buying out the other's share of the equity (typically 50% of net equity after the mortgage), selling the home and splitting the proceeds equally, or a deferred sale arrangement where one spouse — often the parent with primary parenting time — remains in the home until a future trigger event such as the children completing school or the spouse being able to refinance. If the home was purchased before marriage or bought using separate property funds, the separate portion may be traced and excluded from division. Use our home equity split calculator to estimate your options and read our guide on what to do with the marital home.

Do I have to go to court to get divorced in Arizona?

No — for most uncontested Arizona divorces, you will not appear before a judge. Once the 60-day waiting period has passed and all required paperwork is in order, the judge reviews the Consent Decree and signs it by mail. You receive the signed Decree in the mail; no hearing is required. If your case becomes contested — meaning you and your spouse cannot agree on one or more issues — a judge will schedule hearings and potentially a trial to resolve those issues. Arizona also requires court-approved mediation before a trial date is set in most custody and parenting time disputes. See our guide: How to DIY Your Arizona Divorce.

How does Arizona handle child custody and parenting time?

Arizona does not use the term "custody." State law uses "legal decision-making" — the right to make major decisions about the child's education, healthcare, and religious upbringing — and "parenting time," which is the physical schedule of when the child is with each parent. Courts determine both based on the best interests of the child and begin from a presumption that frequent, meaningful contact with both parents serves the child's wellbeing. Neither parent has a gender-based advantage. Parents who agree on a parenting plan can adopt virtually any arrangement; courts approve plans that serve the child's stability. In most contested custody matters, Arizona now requires court-approved mediation before a trial date is set. Child support is calculated using Arizona's Income Shares Model, based on both parents' incomes and the parenting time split.

What is a covenant marriage and how does it affect divorce in Arizona?

A covenant marriage is a special, more legally binding form of marriage that couples must specifically choose at the time of their wedding — it is not the default. If you have a covenant marriage, it will be indicated on your marriage license. Covenant marriages require pre-marital counseling and carry stricter divorce rules: you cannot divorce on a simple no-fault irretrievable breakdown ground. Instead, you must prove one of several specific fault grounds — including adultery, abandonment for more than one year, a serious criminal conviction, physical or sexual abuse, domestic violence, living separate and apart for more than two years, or regular drug or alcohol abuse — or obtain mutual consent to divorce after completing required separation counseling. Most Arizona couples have standard marriages and are not affected by covenant marriage rules. If you are unsure whether your marriage is a covenant marriage, check your marriage license or consult a Hello Divorce attorney before filing.

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