Everything to Know About Divorce in Arizona
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Alimony
- Child support & custody
- Military divorce
- Legal separation and annulments
- E-filing
- After divorce
- Legal help and divorce resources
Divorce in Arizona doesn’t have to be complicated, but you need to understand how the state handles things like property, custody, and timing. Whether your divorce is simple or contested, this guide breaks down the steps, rules, and requirements in plain English for you.
Prerequisites for divorce in Arizona
Residency requirements
To file in Arizona, one spouse must have lived in the state for at least 90 days. If children are involved, they must have lived in Arizona for at least six months before the court can decide custody.
Waiting period
Arizona has a 60-day waiting period after your spouse is served before a divorce can be finalized.
Grounds for divorce
Arizona is a no-fault divorce state. The only reason you need is that the marriage is "irretrievably broken."
How to file for divorce in Arizona
- File the petition: Submit a Petition for Dissolution of Marriage to the Superior Court in your county. There are different forms for with minor children and without.
- Serve your spouse: You must legally serve the other party. They have 20 days to respond (30 if out of state).
- Temporary orders (optional): Ask the court for temporary decisions on custody, support, or property if needed.
- Resolution or trial: If both parties agree, you can submit a Consent Decree. If not, your case may go to trial.
- Final decree: Once resolved, the judge will sign a divorce decree.
Cost of divorce & filing fees
Filing fees vary by county but generally range from $250 to $350. Other costs can include:
- Serving papers
- Mediation or parenting classes
- Legal representation
Fee waivers are available for those who qualify. Check with your county court.
Property, assets & debt division
Arizona is a community property state. This means all income, property, and debts acquired during the marriage are typically split 50/50.
Separate property—anything owned before the marriage or received as a gift or inheritance—usually stays with the original owner.
Alimony (spousal maintenance)
Alimony is called spousal maintenance in Arizona, and may be awarded (by formal request) based on:
- Length of the marriage
- Standard of living during the marriage
- Each spouse's financial resources and earning ability
- Contributions to the marriage (raising kids, education, etc.)
There is no formula; courts consider need and fairness.
In-depth overview of spousal support (alimony) in Arizona here
Child support & custody in Arizona
Custody (legal decision-making and parenting time)
Arizona uses terms like "legal decision-making" and "parenting time" instead of custody. Courts focus on the best interest of the child and may award:
- Joint legal decision-making
- Sole legal decision-making
- Equal or varied parenting time
Child support
Arizona uses an income-based formula. Factors include:
- Both parents’ income
- Number of children
- Health insurance, education, and childcare costs
Use the Arizona Child Support Calculator for an estimate.
Military divorce in Arizona
If stationed in Arizona, military service members or their spouses can file in the state. The Servicemembers Civil Relief Act (SCRA) may delay proceedings if one party is on active duty.
Legal separation and annulment
- Legal separation: Similar to divorce but the couple remains legally married. Arizona allows this if both parties agree.
- Annulment: Only granted in limited situations, such as fraud, underage marriage, or lack of consent.
Can you file for divorce online in Arizona?
Some counties offer online divorce forms and limited e-filing. Visit the Arizona Judicial Branch website for county-specific tools and forms.
After divorce: what happens next?
- Name change: You can request this during the divorce (easier) or later.
- Taxes: Update your filing status after the divorce is finalized.
- Support modifications: File a motion to change custody or support if circumstances change.
- Estate planning: Don’t forget to update wills, beneficiaries, and insurance.
Legal help and divorce resources
- Arizona Judicial Branch – Divorce Forms & Info
- Arizona Legal Center
- Community Legal Services of Arizona
- State Bar of Arizona – Lawyer Referral
Need help with your Arizona divorce? Explore our plans and services, or schedule your free 15-minute call to ask questions and determine your next steps.
