How to File for Divorce in Arizona 2026: Complete Guide

Arizona is a no-fault, community property state with straightforward divorce procedures. This comprehensive guide covers everything from residency requirements to community property division, spousal maintenance, child custody, and the complete divorce process in Arizona, including special rules for covenant marriages.

Arizona Residency Requirements

Before filing for divorce in Arizona, you must meet these requirements under A.R.S. § 25-312:

• At least one spouse must have been an Arizona resident (or stationed in Arizona as a military member) for a minimum of 90 days before filing
• File in the county where either spouse resides
• Proof may be required (Arizona driver's license, voter registration, utility bills)
• If spouse is military member stationed in Arizona, stationed time counts toward residency

Grounds for Divorce in Arizona

Arizona is a pure no-fault state. There are no fault-based grounds.

Standard Marriage Grounds

Under A.R.S. § 25-312(1), the only ground is:

• Irretrievably Broken Marriage: The marriage is broken beyond repair with no reasonable prospect of reconciliation

What This Means:

• You don't need to prove fault (adultery, abandonment, cruelty, etc.)
• Your spouse cannot prevent divorce by contesting the breakdown
• Fault doesn't affect property division or spousal maintenance
• Simpler, less contentious process

Covenant Marriage Grounds (A.R.S. § 25-903)

If you have a covenant marriage, divorce requires proof of:

Fault-Based Grounds:

• Adultery
• Conviction of a felony and imprisonment
• Abandonment for at least 1 year
• Physical or sexual abuse of spouse or child
• Living separately and apart continuously without reconciliation for at least 2 years
• Living separately and apart continuously for at least 1 year from date of decree of legal separation
• Habitual substance abuse (alcohol or drugs)

Important: Covenant marriages are rare. Most Arizona marriages are standard marriages with no-fault divorce.

Step-by-Step Filing Process

Step 1: Determine Which Forms to Use

Arizona has different form packets:

• With children + agreement: Consent Decree packet
• With children + no agreement: Petition packet with Parenting Plan
• No children + agreement: Consent Decree packet
• No children + no agreement: Standard Petition packet
• Covenant marriage: Special covenant marriage forms

Arizona Supreme Court provides free standardized forms at Self-Service Center

Step 2: Complete Required Documents

Core documents typically include:

• Petition for Dissolution of Marriage (or Consent Decree if agreement)
• Preliminary Disclosure Affidavit (financial information)
• Summons
• Notice Regarding Creditors (community debt notice)
• Parenting Plan (if children under 18)
• Child Support Worksheet (if children)
• Sensitive Data Sheet (confidential information)

Step 3: File with Superior Court

File your petition with the Superior Court in the county where you or your spouse reside.

Filing Fee: Approximately $338-$400 (varies by county)

• Maricopa County: $338
• Pima County: $338
• Fee waivers and deferrals available based on income

Step 4: Serve Your Spouse

Arizona requires proper service under Arizona Rules of Family Law Procedure:

• Acceptance of Service: Spouse signs voluntarily (easiest method)
• Personal service: By process server, sheriff, or anyone 18+ who's not party to case
• Service by publication: If spouse cannot be located after diligent search
• Your spouse has 20 days to file a Response (30 days if served out of state)

Step 5: Mandatory 60-Day Waiting Period

Arizona requires a 60-day cooling off period from date of service before divorce can be finalized (A.R.S. § 25-329).

• Cannot be waived (except for covenant marriages in limited circumstances)
• Gives time for response, temporary orders, settlement negotiations
• Earliest the divorce can be finalized is day 61 after service

Step 6: Financial Disclosure

Both parties must exchange financial information:

• Affidavit of Financial Information
• 60 days of pay stubs
• 2 years of tax returns
• Bank statements
• Retirement account statements
• Debt documentation
• Property valuations

Step 7: Settlement or Trial

Uncontested/Consent Decree: If you reach full agreement, submit Consent Decree to court - judge approves without hearing

Contested Divorce: Proceed through:

• Temporary Orders hearing (if needed)
• Resolution Management Conference (settlement conference)
• Trial (if no settlement)

Step 8: Decree of Dissolution

Judge issues Decree of Dissolution of Marriage including:

• Division of community property and debt
• Legal Decision-Making (custody) and Parenting Time orders
• Child support order
• Spousal maintenance determination (if applicable)

Community Property Division

Arizona is one of nine community property states (A.R.S. § 25-211).

What Is Community Property?

Presumption: ALL property acquired during marriage is community property (owned 50/50) UNLESS proven to be separate property.

Community Property Includes:

• Wages and salaries earned during marriage (by either spouse)
• Real estate purchased during marriage
• Retirement benefits accrued during marriage
• Business interests acquired or grown during marriage
• Investment accounts funded during marriage
• Personal property purchased with community funds
• Debts incurred during marriage (community debt)

Separate Property

Belongs solely to one spouse:

• Property owned before marriage
• Gifts and inheritances to one spouse (even during marriage)
• Property acquired after service of divorce petition
• Property designated as separate in a valid prenuptial/postnuptial agreement

Burden of Proof: Spouse claiming property is separate must prove it with clear and convincing evidence.

How Division Works

Arizona law requires equitable distribution of community property, which courts interpret as approximately equal (50/50).

• Community property divided equally unless substantial reasons for unequal division
• Can divide "in kind" (each spouse gets certain items) or sell and split proceeds
• Separate property NOT divided - stays with owner
• Court cannot consider fault/misconduct in property division (no-fault state)

Commingled and Mixed Property

• Commingled: Separate property mixed with community funds may become community
• Community lien: If community funds improve separate property (mortgage payments, renovations), community may have lien for reimbursement
• Complex tracing may be required

Spousal Maintenance (Alimony)

Arizona uses the term "spousal maintenance" instead of alimony (A.R.S. § 25-319).

Eligibility

Spouse must show:

1. Lack sufficient property (including separate + community share) to provide for reasonable needs, OR
2. Unable to be self-sufficient through appropriate employment, OR
3. Custodial parent of child whose age/condition makes employment inappropriate, OR
4. Contributed to education of other spouse, OR
5. Marriage of long duration and too old to gain employment

Amount and Duration Factors

Courts consider (A.R.S. § 25-319(B)):

• Standard of living during marriage
• Duration of marriage
• Age, employment history, earning ability, physical/emotional condition
• Ability of payor spouse to meet own needs while paying
• Comparative financial resources and needs
• Contribution to earning ability of other spouse
• Extent one spouse reduced career opportunities for benefit of other spouse or family
• Ability to obtain education or training
• Excessive or abnormal expenditures, destruction, or concealment of property
• Cost of health insurance
• Actual damages from domestic violence
• Contributions as homemaker

Types of Spousal Maintenance

• Temporary: During divorce proceedings only
• Rehabilitative: Limited time while recipient gains skills/education
• Permanent: Indefinite (rare, typically for long marriages with health/age issues)
• Lump Sum: One-time payment instead of periodic payments

Modification and Termination

Spousal maintenance terminates upon:

• Death of either party
• Remarriage of recipient
• Cohabitation of recipient in relationship similar to marriage (under certain circumstances)
• End of specified term

Can be modified upon showing of substantial and continuing change in circumstances.

Legal Decision-Making and Parenting Time

Arizona uses specific terminology (A.R.S. § 25-401):

Types of Legal Decision-Making

• Joint Legal Decision-Making: Both parents make major decisions together (education, healthcare, religion)
• Sole Legal Decision-Making: One parent has authority to make major decisions

Courts presume joint legal decision-making is in child's best interest UNLESS domestic violence or evidence showing joint would be harmful.

Best Interest Factors (A.R.S. § 25-403)

Courts consider all relevant factors including:

• Past, present, and potential future relationship between parent and child
• Interaction and interrelationship with other household members
• Child's adjustment to home, school, and community
• Mental and physical health of all individuals
• Which parent is more likely to allow frequent and meaningful contact with other parent
• Whether one parent, both, or neither has provided primary care
• Nature and extent of coercion or duress by a parent in obtaining agreement
• Whether a parent has complied with Chapter 3, Article 5 (which addresses domestic violence)
• Whether either parent was convicted of certain criminal offenses
• Whether there has been domestic violence or child abuse
• If child is of suitable age and maturity, child's wishes (not controlling)
• Whether one parent intentionally misled court for financial gain

Parenting Plan Required

Must include:

• Detailed parenting time schedule (regular schedule, holidays, vacations)
• Legal decision-making allocation
• Transportation and exchange procedures
• Communication methods
• Dispute resolution procedures

Child Support

Arizona uses an income shares model based on Arizona Child Support Guidelines:

Calculation Factors

• Combined gross income of both parents
• Number of children
• Parenting time percentage
• Health insurance premiums
• Childcare costs
• Educational expenses

Arizona Child Support Calculator

State provides online calculator at Arizona Courts

Duration

Child support continues until child:

• Reaches age 18 AND graduates high school (whichever is later, but not beyond age 19)
• Becomes emancipated
• Dies

Deviation from Guidelines

Court may deviate from guidelines if application would be inappropriate or unjust, with written findings.

Parent Information Program

Arizona requires divorcing parents with children under 18 to complete a Parent Information Program:

• Court-approved program (typically 4 hours)
• Covers effects of divorce on children and co-parenting strategies
• Must complete within 45 days of service of petition
• Cost: $50-$75 (varies by provider)
• Online and in-person options available

Covenant Marriage in Arizona

Arizona is one of three states (with Louisiana and Arkansas) allowing covenant marriages (A.R.S. § 25-901).

What Is Covenant Marriage?

• Special type of marriage with stricter divorce requirements
• Requires premarital counseling with clergy or counselor
• Spouses sign declaration of intent
• Approximately 1-2% of Arizona marriages are covenant marriages

Divorce Requirements

To divorce a covenant marriage, must prove one of limited grounds (listed earlier) PLUS:

• Must complete marriage counseling
• More difficult to obtain no-fault divorce
• May require 2-year separation period

Converting to Standard Marriage

Cannot convert covenant marriage to standard marriage. Once covenant, always covenant (unless divorce).

Costs and Fees

Expected Timeline

• Absolute Minimum: 60 days (waiting period cannot be waived)
• Uncontested Consent Decree: 60-90 days
• Contested Divorce (settled): 6-12 months
• Contested Divorce (trial): 12-24+ months

The 60-day waiting period starts from date of service and is mandatory for standard marriages.

Frequently Asked Questions

How much does a divorce cost in Arizona?

Filing fees are $338-$400. An uncontested Consent Decree without attorney can cost $500-$1,000 total. Contested divorces with attorneys typically cost $5,000-$25,000+ depending on complexity, length, and whether trial is required.

How long does a divorce take in Arizona?

Minimum 60 days from service (mandatory waiting period). Uncontested Consent Decree cases typically finalize in 60-90 days. Contested cases average 6-12 months if settled, or 12-24+ months if trial is required.

Can I get a divorce without my spouse's consent in Arizona?

Yes. Arizona is a no-fault state - you can divorce unilaterally. If your spouse doesn't respond within 20 days, you can request a default judgment. Your spouse cannot prevent the divorce, only contest terms like property division and custody.

Is Arizona a 50/50 divorce state?

Yes. Arizona is a community property state, which means community property (assets and debts acquired during marriage) is divided approximately equally (50/50). Separate property (owned before marriage or received as gift/inheritance) is not divided.

Do I need a lawyer for an Arizona divorce?

Not required. You can represent yourself (pro se), especially for uncontested Consent Decree divorces. Arizona courts provide extensive free forms and Self-Service Centers. However, attorney representation is advisable for contested issues, significant assets, businesses, or complex custody disputes.

Can I waive the 60-day waiting period in Arizona?

No, with very limited exceptions. The 60-day waiting period is mandatory for standard marriages and cannot be waived. Only covenant marriages may have different timelines based on specific grounds proven.

What is the difference between a divorce and legal separation in Arizona?

Legal separation divides property, establishes support and parenting time, but you remain legally married. You cannot remarry while legally separated. Legal separation can be converted to divorce later without re-litigating issues. Some choose separation for religious reasons or to maintain health insurance benefits.