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Uncontested divorce in Arizona: what to expect, what it costs, and how to get it done
An uncontested divorce in Arizona lets you and your spouse resolve everything by agreement, skip contested hearings, and finalize your marriage using a Consent Decree the judge signs. The state's mandatory 60-day waiting period means the earliest your divorce can be final is 61 days after your spouse is served. With the right preparation, many couples complete the process in three to four months for a fraction of traditional attorney fees.
Quick answer
An uncontested divorce in Arizona is available when both spouses agree on all issues: property and debt division, spousal maintenance, and (if you have children) custody, parenting time, and child support. You file a Petition for Dissolution of Marriage, serve your spouse, and after the mandatory 60-day waiting period submit a signed Consent Decree for a judge to approve. No courtroom hearing is required in most cases. Total cost runs from a few hundred dollars in filing fees to a few thousand with professional support, compared to $15,000 or more for a contested trial.
You and your spouse have talked. You've agreed on the big things. Now you want to know exactly how to turn that agreement into a finalized divorce — without spending a year in court or draining your savings on attorneys. The good news: Arizona's uncontested divorce process is genuinely accessible, even for couples navigating real assets, kids, and complicated feelings. This guide walks you through every requirement, every step, and every cost, so you can move forward with clarity.
What is an uncontested divorce in Arizona?
An uncontested divorce, called a dissolution of marriage by consent, is one where both spouses agree on every issue before the case goes to a judge. That means no trial, no discovery battles, no courtroom standoffs. The judge reviews your paperwork, confirms it's fair and complete, and signs the Consent Decree.
In Arizona, the issues you must resolve before the decree is entered include: how marital property and debt will be divided, whether either spouse will pay spousal maintenance (and in what amount and duration), and if children are involved, legal decision-making authority, parenting time, and child support. Every single one of these must be addressed in your written settlement agreement.
This stands in contrast to a contested divorce, where the court has to resolve disputes for you — a process that can take a year or more and cost tens of thousands of dollars. Most people who are willing to communicate, even imperfectly, are better served by working toward agreement. That's true whether you reach it on your own, with a mediator's help, or through Hello Divorce's Arizona mediation service.
Requirements: who qualifies for an uncontested divorce in Arizona?
To file for any divorce in Arizona, including an uncontested one, you must meet a short list of baseline requirements. Once you've confirmed you qualify, the uncontested path opens up as long as you and your spouse are on the same page.
Residency: 90 days in Arizona
At least one spouse must have been domiciled in Arizona for 90 consecutive days immediately before filing. "Domiciled" means you live here with the intent to make it your permanent home, not just a temporary stay. A driver's license, voter registration, or lease agreement in your name typically satisfies this. If you're stationed in Arizona on active military duty, that counts as well.
Grounds: irretrievably broken
Arizona is a no-fault state. You don't need to prove wrongdoing, infidelity, or abandonment. The only ground for divorce is that the marriage is "irretrievably broken" with no reasonable prospect of reconciliation. You state this in your petition and that's sufficient. For more background on how Arizona handles grounds, see the Hello Divorce guide to grounds for divorce in Arizona.
Full agreement between spouses
This is the defining requirement. Both of you must agree on all terms before submitting the Consent Decree. If there's a dispute on even one issue — say, who keeps the house, or the amount of child support — the case becomes contested and must be resolved through negotiation, mediation, or a court hearing. You don't have to have every conversation perfectly. But you do have to reach written agreement before the judge signs off.
Not sure if you agree on everything?
Many couples start the divorce process thinking they're far apart, only to find agreement comes faster than expected when they have a neutral guide. Arizona mediation is a lower-cost alternative to litigation and keeps decision-making in your hands. Learn how Hello Divorce Arizona mediation works.
Step-by-step: how the Arizona uncontested divorce process works
Arizona's uncontested divorce follows a clear sequence. Understanding each step upfront prevents costly delays and paperwork rejections.
Gather your documents and complete the required forms
Arizona uses statewide pattern forms published by the Arizona Courts Self-Service Center. The core forms include a Petition for Dissolution of Marriage, a Summons, a Sensitive Data Cover Sheet, and a Preliminary Injunction. If you have children, additional forms are required. County-specific forms may apply depending on where you file, so verify with your county clerk's office or the Arizona Judicial Branch self-service portal.
File with your county Superior Court
You file in the Superior Court of the county where either spouse currently lives. The statewide petition filing fee is $261 (effective December 2024). County surcharges may apply, so confirm the exact amount with your local clerk. If cost is a barrier, Arizona allows fee waiver applications based on financial hardship. When you file, a Preliminary Injunction automatically takes effect, prohibiting both spouses from selling or hiding marital assets, canceling insurance coverage, or removing children from Arizona without court permission.
Serve your spouse (or use a waiver)
You must serve the Summons, Petition, and Preliminary Injunction on your spouse within 120 days of filing. In an uncontested case where both parties are cooperating, the most efficient path is a Waiver of Service: your spouse signs a form acknowledging receipt of the documents, and that signed waiver is filed with the court instead of hiring a process server. This saves time and the $60 to $150 service fee. Once served (or once the waiver is filed), your spouse has 20 days to respond if they live in Arizona, or 30 days if they live out of state.
Wait out the mandatory 60-day period
Arizona law imposes a 60-day waiting period from the date of service. No divorce can be finalized before that period ends, even if both of you agree on everything and your paperwork is flawless. Use this time productively: finalize your settlement agreement, complete any required parenting class (required in counties where minor children are involved), and prepare the Consent Decree documents.
Submit the Consent Decree for judge's signature
After the 60-day waiting period, you submit your signed Consent Decree (also called a Summary Consent Decree in Maricopa County) to the judge. This document lays out every agreed term: how assets and debts are divided, whether spousal maintenance will be paid, and the parenting plan if applicable. In most uncontested cases, the judge reviews the paperwork and signs without requiring either spouse to appear in court. Once signed, the decree is your official Judgment of Dissolution and your marriage is legally ended.
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How long does an uncontested divorce take in Arizona?
The minimum is 61 days from the date of service, because the 60-day waiting period is mandatory and cannot be waived. In practice, most uncontested divorces in Arizona take three to five months from filing to final decree. The variables that affect timing are how quickly paperwork is prepared and reviewed, how backlogged your county's court is, and whether a parenting class is required.
| Phase | Typical duration | What happens |
|---|---|---|
| Preparation and filing | 1–3 weeks | Forms completed and filed with the county Superior Court |
| Service of process | 1–5 days (with waiver) | Spouse signs waiver of service; 60-day clock begins |
| Mandatory waiting period | 60 days minimum | Settlement agreement finalized; parenting class completed if required |
| Consent Decree review | 2–6 weeks | Judge reviews and signs; no hearing required in most cases |
| Total (typical range) | 3–5 months | Varies by county caseload and paperwork accuracy |
Contested divorces follow a very different path. When spouses can't agree, cases are subject to discovery, mandatory alternative dispute resolution, and possible trial — a process that commonly takes nine to 15 months, sometimes longer. Every month of litigation costs money. Reaching agreement now, even if it takes some difficult conversations, nearly always produces a better financial and emotional outcome than leaving decisions to a judge.
What does an uncontested divorce cost in Arizona?
An uncontested Arizona divorce can cost as little as a few hundred dollars if you handle all the paperwork yourself, or a few thousand if you use professional support. Either way, it's dramatically less than a contested divorce, where attorney fees alone routinely reach $11,000 to $30,000 or more.
| Cost item | Estimated range | Notes |
|---|---|---|
| Petition filing fee | $218–$384 | Statewide base is $261; county surcharges may apply |
| Response filing fee (respondent) | $130–$309 | Statewide base is $172; varies by county |
| Service of process | $0–$150 | Free with a signed Waiver of Service; sheriff/process server if needed |
| Parenting class (if children) | Varies by county | Required by most Arizona counties when minor children are involved |
| Professional support (Hello Divorce) | See current plans | Flat-rate plans cover forms, filing guidance, and access to legal professionals |
| Traditional contested attorney fees | $11,000–$30,000+ | Average per spouse in a contested Arizona divorce; trial adds significantly more |
Fee waivers are available for those who cannot afford filing fees. You file an application with supporting financial documentation at your county Superior Court. Many courts grant waivers for incomes that fall below certain thresholds. For guidance on what Arizona requires, see our knowledge base article on requesting a fee waiver in Arizona.
Property division in Arizona: what the community property rules mean for you
Arizona is one of nine community property states in the U.S. That means all assets and debts acquired during the marriage are presumed to be owned equally by both spouses, regardless of whose name is on the account or title. When you divorce, community property is divided as close to 50/50 as possible or practical.
Community property vs. separate property
Community property includes your wages, any real estate purchased during the marriage, contributions to retirement accounts made while married, vehicles, and debts like credit cards or mortgages taken on together. Separate property, which stays with its original owner, includes assets you owned before the marriage, gifts given specifically to one spouse, and inheritances received during the marriage. The line blurs when separate property is commingled with community funds — for example, if premarital savings are deposited into a joint account or used to pay down a jointly owned mortgage.
Dividing property in an uncontested case
In an uncontested divorce, you and your spouse create a written settlement agreement that specifies who gets what and who takes on which debts. The court will generally approve any agreement the two of you reach, as long as it's not grossly unfair. This gives you far more flexibility than a judge's order would — you can trade, negotiate, and prioritize based on what actually matters to each of you, rather than a court's default rules. Retirement accounts accumulated during the marriage require a Qualified Domestic Relations Order (QDRO) to divide properly without triggering taxes or penalties — an important detail that's easy to overlook in a DIY filing.
Watch out
Debts assigned to one spouse in your settlement agreement are not automatically binding on creditors. If your spouse is ordered to pay a joint credit card but defaults, the creditor can still come after you. Wherever possible, close joint accounts, refinance shared debt into individual names, and get it in writing before the decree is signed.
What happens if you have children?
You can still pursue an uncontested divorce if you have minor children — but there are additional requirements and a higher bar for what the court will approve. Every order involving children must reflect their best interests, and the judge will scrutinize the parenting plan more carefully than the property settlement.
Legal decision-making and parenting time
Arizona uses the terms "legal decision-making" (which parent makes major decisions about education, healthcare, and religion) and "parenting time" (the physical schedule). Your Consent Decree must specify both. Courts favor arrangements that allow children meaningful time with each parent, and joint legal decision-making is common unless there are concerns about domestic violence or the ability of parents to cooperate.
Child support
Arizona calculates child support using an Income Shares Model that considers both parents' gross incomes, the number of children, the parenting time schedule, healthcare costs, and childcare expenses. Even in an uncontested divorce, child support must follow the state guidelines — the judge won't approve a consent decree that deviates from the formula without a specific explanation of why the deviation serves the child's best interests. The Arizona courts provide a child support calculator to help you estimate the amount before you file.
Parenting class requirement
Most Arizona counties require both parents to complete a court-approved parenting education class before the divorce is finalized. The goal is to help parents understand how the divorce process affects children and how to support them through the transition. Check with your county clerk's office for the specific class your county accepts and the timeline for completion.
If you and your spouse are struggling to agree on parenting issues specifically, mediation is one of the most effective tools available. A skilled mediator keeps conversations focused and child-centered in a way that private negotiations often can't. See how Hello Divorce Arizona mediation works.
Can mediation help you reach an uncontested agreement?
Yes — and for couples who are close to agreement but stuck on one or two issues, mediation is often the fastest and cheapest path to an uncontested outcome. A neutral mediator doesn't take sides or make decisions for you. Instead, they help each spouse articulate what they need and guide the conversation toward workable solutions.
Arizona courts are favorable toward mediation. Conciliation services are available through many county courts at low or no cost. Private mediation, such as the service Hello Divorce offers, gives you access to an experienced mediator without court scheduling delays.
Unlike hiring separate attorneys to negotiate at arm's length, mediation keeps both of you in the room (virtually or in person), working on the same problem at the same time. Agreements reached through mediation tend to be more durable because both parties had a hand in creating them. To explore options, visit the Hello Divorce Arizona mediation page or browse the full Arizona divorce guide for a complete overview of your options.
Frequently asked questions about uncontested divorce in Arizona
Does Arizona require both spouses to appear in court for an uncontested divorce?
In most uncontested cases, no court appearance is required. The judge reviews the Consent Decree paperwork and signs it without scheduling a hearing. Some counties may request a brief appearance in complex cases or when children are involved, but this is not the norm for straightforward uncontested divorces. Confirm the specific practice in your county with the clerk's office or your Hello Divorce account coordinator.
What is the difference between a Consent Decree and a default divorce in Arizona?
A Consent Decree (or Summary Consent Decree in Maricopa County) requires both spouses to agree and sign the final settlement. A default divorce occurs when the respondent is served but fails to respond within the required time frame — the petitioner then requests a default judgment, and the court may grant the divorce based on the petitioner's proposed terms. Default divorces can add 20 to 30 days to the process and are less predictable for the non-responding spouse. If both of you are cooperative, the Consent Decree route is faster and gives you both more control.
Can we file a divorce petition together in Arizona?
Maricopa County offers a Summary Consent Decree procedure that allows both spouses to file a joint petition together, skipping some of the standard steps — including the formal service of process. This streamlines the process for cooperative couples in the Phoenix area. Other counties use a standard petition-and-response procedure. Check with your county clerk to understand which process applies to you.
Do I have to disclose my finances in an Arizona uncontested divorce?
Yes. Arizona requires both spouses to complete financial disclosure affidavits as part of the divorce process, regardless of whether the divorce is contested or uncontested. These disclosures cover income, expenses, assets, and debts. Full transparency protects both parties and ensures the settlement agreement divides property accurately. Hiding assets or providing false information in these forms is a serious legal violation. For more on what's required, see the Hello Divorce knowledge base article on financial disclosures in an Arizona divorce.
Can I get my former name restored through an Arizona divorce?
Yes. You can request a name change as part of your divorce petition, and the judge will include the name restoration in the final decree. Using a certified copy of that decree, you can then update your name with the Social Security Administration, your state DMV, and other agencies. Handling the name change through the divorce is far simpler than filing a separate name change petition after the fact.
What if my spouse and I agreed on everything but they won't sign the Consent Decree?
If your spouse refuses to sign the Consent Decree after the 60-day waiting period, your case can no longer proceed as a straightforward uncontested divorce. You may need to proceed on a default basis (if they fail to respond to the petition) or shift to a contested process. Before that happens, mediation is worth considering. A neutral third party can often resolve a signing impasse that direct communication can't. If your spouse has concerns about specific terms, those concerns may be addressable through adjustments to the agreement.
Arizona court and self-help resources
These official resources provide forms, local procedures, and filing guidance for your Arizona county.
You don't have to figure this out alone
Hello Divorce makes Arizona's uncontested divorce process clear, manageable, and affordable. Our flat-rate plans include form guidance, filing support, and access to attorneys and mediators when you need them.
References & further reading
Sources cited in this article and recommended for further reading.
- 1. Arizona Courts. "Self-Service Center: Dissolution of Marriage" — Official statewide packet with forms, instructions, and eligibility guidance for filing divorce in Arizona. Arizona Judicial Branch, 2025. Accessed April 2026.
- 2. Arizona Legislature. "A.R.S. 25-312: Dissolution of Marriage — Jurisdictional Requirements" — Statutory text establishing Arizona's 90-day residency requirement and grounds for dissolution. Arizona Revised Statutes. Accessed April 2026.
- 3. Arizona Legislature. "A.R.S. 25-318: Disposition of Property — Findings" — Statutory text governing community property division in Arizona divorce proceedings. Arizona Revised Statutes. Accessed April 2026.
- 4. Hello Divorce. "Everything to know about divorce in Arizona" — Comprehensive overview of the Arizona divorce process, including timeline, costs, and legal requirements. hellodivorce.com. Accessed April 2026.
- 5. Hello Divorce. "Arizona divorce mediation" — Service page for Hello Divorce's Arizona mediation offering, including process details and scheduling. hellodivorce.com. Accessed April 2026.