The Arizona divorce process starts with a 90-day residency requirement and ends with a judge signing a Decree of Dissolution of Marriage, with a mandatory 60-day waiting period built in between service and any final ruling. The case runs through the Superior Court in the county where you or your spouse lives, and Arizona is a no-fault state: you only need to show the marriage is irretrievably broken. What follows walks through each step in the order you’ll actually take them.
Confirm You Meet the Residency Requirement
At least one spouse must have lived in Arizona for a minimum of 90 days before the petition is filed. Military service members stationed in Arizona meet the requirement the same way residents do.1Arizona Legislature. Arizona Code 25-312 – Dissolution of Marriage; Findings Necessary The only ground you need to state is that the marriage is “irretrievably broken.”
Covenant marriages work differently. If your marriage license identifies your marriage as a covenant marriage, you cannot use the standard no-fault ground. You’ll need to prove a specific reason such as adultery, a felony conviction, abandonment for at least a year, domestic violence, habitual substance abuse, or living apart for at least two years without reconciling. Mutual agreement to dissolve also qualifies.2Arizona Legislature. Arizona Code 25-903 – Dissolution of a Covenant Marriage; Grounds
Gather Your Financial Information
Arizona is a community property state. Almost everything either spouse earned or acquired during the marriage belongs to both of you equally, with the main exceptions being individual gifts and inheritances and anything acquired after the petition is served.3Arizona Legislature. Arizona Code 25-211 – Property Acquired During Marriage as Community Property; Exceptions; Effect of Service of a Petition Courts aim for a substantially equal split of community assets and debts.
Pull bank statements, retirement account balances, real estate deeds, vehicle titles, and records of all outstanding debts. Classify each asset and debt as community or separate. If you have minor children, start drafting a proposed parenting plan that covers legal decision-making authority and a parenting time schedule.
File the Petition and Pay the Filing Fee
The case officially opens when you file a Petition for Dissolution of Marriage with the Clerk of the Superior Court, together with a Summons and a Preliminary Injunction. The court’s self-service center offers separate form packets for divorces with and without minor children.4Arizona Judicial Branch. Dissolution of Marriage Without Children5Arizona Judicial Branch. Dissolution of Marriage With Children
The statewide base filing fee is $261.6Arizona Judicial Branch. Superior Court Filing Fees Counties add surcharges. In Maricopa and Pima, the two largest, the total comes to $376.7Maricopa County Clerk of Superior Court. Filing Fees Pima adds another $50 parent education fee at filing when minor children are involved.8Pima County Superior Court. Filing Fees, Domestic Relations Check your county clerk for the exact total.
If you can’t afford the fees, apply for a fee waiver or deferral. Waivers are available at low income levels or when you receive benefits like SSI, TANF, or SNAP; deferrals and payment plans are available in a higher income range or on a showing of good cause.9AZ Court Help. Fee, Waiver, and Deferral Information
Serve Your Spouse
Once the clerk stamps your documents and assigns a case number, your spouse has to receive copies through formal service. You cannot deliver the papers yourself. Common options are hiring a registered process server or using the county sheriff, with process server fees typically running between $50 and $150.10Superior Court of Arizona in Maricopa County. Helpful Information on Serving the Other Party
A cooperative spouse can sign an Acceptance of Service in front of a notary, which saves the cost of a process server. Either way, you must file proof of service with the court before the case can move forward. When you truly cannot locate your spouse, service by publication in a newspaper is a last resort, requires court approval, and limits what you can obtain in a default.11AZ Court Help. How Can I Serve Someone Divorce Papers When I Cannot Find Them?
Know the Automatic Preliminary Injunction
Filing the petition triggers a preliminary injunction against you immediately. It applies to your spouse once they are served or otherwise learn of the case.12Arizona Legislature. Arizona Code 25-315 – Preliminary Injunction; Effect It has the force of a court order and restricts both spouses on four fronts:
- No transferring, hiding, selling, or destroying joint or community property, beyond ordinary living expenses and attorney fees.
- No removing children from Arizona without written consent from the other spouse or court permission.
- All existing insurance coverage, including medical, dental, auto, and disability, must stay in place.
- No harassing, threatening, or assaulting the other spouse or any children.
Violations can result in contempt and criminal charges. The injunction stays in effect until the divorce is finalized, the case is dismissed, or a judge modifies it.
The Response Deadline and 60-Day Waiting Period
Your spouse has 20 days to file a formal response if served in Arizona, or 30 days if served out of state.13Arizona Judicial Branch. Arizona Family Law – Dissolution and Allocation of Parental Responsibility The statewide response filing fee is $172.6Arizona Judicial Branch. Superior Court Filing Fees The response can agree with the petition, contest specific terms, or ask for different property, custody, or support outcomes.
Regardless of what your spouse does, no judge can sign a final decree or hold a trial until 60 days have passed from the date of service or acceptance of service.14Arizona Legislature. Arizona Code 25-329 – Waiting Period Most divorces take longer, but that’s the floor.
Ask for Temporary Orders If You Need Them
Life doesn’t pause while a case is pending. If you need immediate rulings on custody, child support, spousal maintenance, use of property, or access to cash, file a Motion for Temporary Orders any time after the petition is on file.15Superior Court of Arizona in Maricopa County. Motion and Papers for Temporary Orders The court schedules a hearing and enters orders that remain in force until the decree replaces them.
Temporary custody or parenting time requires that the children have lived in Arizona for at least six consecutive months before filing, or since birth if younger than six months. Temporary spousal maintenance is only available if you’re still legally married. Either party can also request equal possession of liquid assets that existed as of the date the petition was served.12Arizona Legislature. Arizona Code 25-315 – Preliminary Injunction; Effect
Exchange Financial Disclosures and Complete Parent Education
Arizona Rule of Family Law Procedure 49 requires both spouses to exchange a detailed Disclosure Statement within 40 days after the response is filed. You hand-deliver or mail it directly to the other party or their attorney; it is not filed with the clerk.16Superior Court of Arizona in Maricopa County. Information and Instructions for Completing the Disclosure Statement The disclosure can include parenting facts, child support calculations with three years of tax returns and pay stubs, spousal maintenance details, a full property inventory with deeds and account statements, a debt list, and the names and expected testimony of any witnesses. Both sides have a continuing duty to update within 30 days when new information surfaces.
Separately, both spouses file an Affidavit of Financial Information with the clerk, a sworn summary of income, expenses, assets, and debts. Judges rely heavily on it when setting support and dividing property.
If your case involves minor children, both parents must complete a court-approved parent education course covering how divorce and litigation affect children.17Arizona Judicial Branch. Parent Education Program Course provider, timing, and fee (often capped at $50) vary by county. The court can hold up your decree until the class is done.
The Three Paths to a Decree
How the rest of the case unfolds depends on whether you and your spouse can agree.
Uncontested Consent Decree
When both spouses agree on every issue, you can file a joint petition and submit a consent decree for the judge’s signature. This route skips formal service because both spouses sign the petition together.18Arizona Legislature. Arizona Code 25-314.01 – Summary Consent Petition and Decree The judge reviews the agreement for fairness and, in cases with children, best interests. It’s the fastest and cheapest path.
Default
If your spouse was served but never responded, you can pursue a default. File an Application and Affidavit for Default, mail a copy to your spouse, and wait at least 10 business days. After that, and once the 60-day period has also elapsed, file a motion asking the judge to grant the terms in your original petition.19Superior Court of Arizona in Maricopa County. Instructions and Procedures for a Default Decree by Motion Many defaults are granted without a hearing. Default is not available if service was by publication or if your spouse is legally incompetent.
Contested
When any significant issue is in dispute, the case is contested. It moves through discovery, which is the formal exchange of evidence through written questions, document requests, and sometimes depositions. Most judges then order mediation before setting trial. If mediation doesn’t resolve everything, the case goes to trial and a judge decides property, custody, and support. Contested cases take substantially longer and cost more.
How Child Support and Spousal Maintenance Get Decided
Child support in Arizona uses the Income Shares Model, which bases the obligation on both parents’ combined income. The Supreme Court sets the guidelines, and a judge can only deviate with a written finding that strict application would be inappropriate or unjust.20Arizona Judicial Branch. Child Support Guidelines21Arizona Legislature. Arizona Code 25-320 – Child Support; Factors Inputs include each parent’s gross income, the parenting time schedule, the children’s health insurance premiums, childcare costs, and any special educational needs. Parents complete a Child Support Worksheet using the court’s online calculator, and the resulting figure is the presumptive amount.
Spousal maintenance is not automatic. A judge considers it only if the requesting spouse meets at least one threshold, such as lacking property or earning capacity to be self-sufficient, being the parent of a young child who shouldn’t work outside the home, having contributed significantly to the other spouse’s career, or being older after a long marriage. Once a spouse qualifies, the court weighs 13 factors, including standard of living, earning capacity, length of marriage, and time needed for education or training. Maintenance is rehabilitative and is decided without regard to marital misconduct.22Arizona Legislature. Arizona Code 25-319 – Maintenance; Guidelines; Computation Factors
Getting the Final Decree Signed
The case ends when the judge signs the Decree of Dissolution of Marriage. In a consent decree, both spouses submit the signed agreement and the judge often reviews it without a hearing. In a default, the judge reviews the motion and proposed decree, sometimes setting a brief hearing. After a contested trial, the judge issues rulings that the decree reflects. In every path, the 60-day waiting period must have elapsed before the judge can sign.14Arizona Legislature. Arizona Code 25-329 – Waiting Period
Once the decree is filed with the clerk, the marriage is legally over. The decree is the enforceable document that spells out property division, debt allocation, custody, parenting time, child support, and any maintenance. Request a certified copy from the clerk. You’ll need it for driver’s license changes, refinancing, and other post-divorce paperwork.
What to Handle After the Decree
A signed decree doesn’t finish the work. If you were covered under your spouse’s employer health plan, that coverage typically ends at finalization. Federal law gives you the right to continue coverage for up to 36 months through COBRA, but the plan must be notified within 60 days of the divorce.23U.S. Department of Labor. FAQs on COBRA Continuation Health Coverage for Workers COBRA is expensive because you pay the full premium plus an administrative fee, so line up alternatives before the decree is signed if you can.
Dividing a 401(k) or pension requires a separate court order called a Qualified Domestic Relations Order. The decree alone isn’t enough. Without a QDRO, the plan administrator won’t split the account. Getting one drafted and approved by both the court and the plan can take weeks or months, so don’t assume it happens automatically.
If you want your former name back, ask for it in the petition, or, as the respondent, file a Request to Restore Maiden Name before the decree is entered. The judge can include the name change in the decree at no extra cost. Wait until after finalization and you’ll need a separate name change application with the Superior Court.24AZ Court Help. I Would Like My Maiden Name Back. What Do I Do?