Divorce in Arizona
In Arizona, divorce—legally called dissolution of marriage—is a no-fault process. You don’t need your spouse’s consent or proof of wrongdoing to file. To start, at least one spouse must have lived in Arizona for 90 days before filing. You begin by submitting divorce papers to the superior court in your county and paying the filing fee, then legally serving your spouse.
During the process, both spouses must exchange financial information and resolve issues like property division, child custody, child support, and spousal maintenance. If you can’t reach an agreement, the court will decide based on Arizona law. Once all requirements are met, the court will issue a final divorce decree.
Do I Need My Spouse’s Agreement to Get a Divorce in Arizona?
No. Arizona is a no-fault divorce state, so you can move forward even if your spouse doesn’t agree or participate.
How Long Does It Take to Finalize a Divorce in Arizona?
There’s a minimum 60-day waiting period after your spouse is served before a divorce can be finalized. Complex cases involving custody or property division can take longer.
Can I File for Divorce in Arizona if I Just Moved Here?
You must live in Arizona for at least 90 days before filing. If you don’t meet this requirement, you may need to wait or file for legal separation first.
Legal Process in Arizona
Step 1: File Petition & Pay Fee
Submit a Petition for Dissolution of Marriage with the superior court in your county and pay the filing fee (fees vary by county, often between $200–$300).
Step 2: Serve Divorce Papers
Have the divorce papers legally served to your spouse through a process server, sheriff, or by acceptance of service.
Step 3: Exchange Financial Information
Disclose all income, assets, and debts. This step is required to divide property, set child support, and determine spousal maintenance.
Step 4: Resolve Key Issues
Reach an agreement on custody, parenting time, property division, and support—or have the court decide after a trial.
Step 5: Final Judgment
After the 60-day waiting period and resolution of all issues, submit the final paperwork for the court’s approval and receive your divorce decree.
Child Custody & Parenting Time in Arizona
Arizona courts decide parenting time (physical custody) and legal decision-making (legal custody) separately. The law favors arrangements that serve the best interests of the child, often encouraging shared parenting when possible. Parenting time schedules can significantly impact child support amounts.
Child Support in Arizona
Arizona uses the Income Shares Model, which considers both parents’ gross incomes, parenting time, and children’s needs. Support usually continues until the child turns 18, or 19 if still in high school. Payments are generally made through the Support Payment Clearinghouse for tracking and enforcement.
Property Division in Arizona
Arizona is a community property state—meaning most assets and debts acquired during marriage are divided equally. Separate property (owned before marriage or acquired as a gift/inheritance) is generally excluded, but must be proven.
Spousal Maintenance (Alimony)
Spousal support is not automatic. Courts consider factors such as the length of the marriage, each spouse’s earning ability, and whether one spouse needs time to become self-sufficient.
Common Mistakes to Avoid
- Stopping child support payments without a court order
- Hiding assets or income
- Ignoring court deadlines or required disclosures
- Violating parenting time orders
Need Help with an Arizona Divorce?
Whether your case is straightforward or involves complex issues like high-value assets or custody disputes, knowing Arizona’s divorce laws is the first step. You can represent yourself or seek legal assistance for guidance through the process.