Divorce in Arizona

Overview of Arizona Divorce Law

Arizona is a no-fault divorce state, meaning neither spouse must prove wrongdoing to end the marriage. Under A.R.S. Section 25-312, the sole ground for divorce (called “dissolution of marriage” in Arizona statutes) is that the marriage is “irretrievably broken” with no reasonable prospect of reconciliation.

Arizona does have one notable exception to its straightforward no-fault framework: covenant marriage. Couples who entered a covenant marriage under A.R.S. Section 25-901 agreed to pre-marital counseling and accepted limited grounds for divorce. For a covenant marriage, the filing spouse must prove fault (such as adultery, abuse, abandonment, or a felony conviction) or demonstrate that the couple has lived separate and apart for at least two years.

Residency Requirements

At least one spouse must have been a resident of Arizona (or stationed in Arizona as a member of the armed forces) for at least 90 days before filing for dissolution. The petition is filed in the superior court of the county where either spouse resides.

Filing Fees and Costs

The filing fee for a dissolution petition in Arizona is approximately $300 to $350, depending on the county. Maricopa County, for example, charges around $349. Response fees, service of process costs, and parenting class fees are additional. For a more detailed cost breakdown, see our divorce cost calculator.

Waiting Period

Arizona imposes a mandatory 60-day waiting period from the date the petition is served on the other spouse before the court can enter a decree of dissolution. This applies to all cases, including uncontested dissolutions where both parties agree on every issue. The waiting period is designed to allow time for reconsideration and does not count time spent negotiating or litigating.

Property Division: Community Property

Arizona is one of nine community property states. Under A.R.S. Section 25-211, all property acquired during the marriage is presumed to be community property, owned equally by both spouses. This includes:

• Income earned by either spouse during the marriage
• Real estate, vehicles, and personal property purchased with community funds
• Retirement accounts and pension benefits accrued during the marriage
• Business interests acquired or grown during the marriage
• Debts incurred during the marriage

Separate property includes assets owned before the marriage, gifts received by one spouse, and inheritances, provided they were not commingled with community assets. Arizona courts generally divide community property substantially equally, though not always in an exact 50/50 split. The court may also consider community waste — situations where one spouse recklessly spent or destroyed community assets.

Spousal Support (Spousal Maintenance)

Arizona uses the term “spousal maintenance” and applies a two-step analysis. First, the court determines whether the requesting spouse qualifies for maintenance under A.R.S. Section 25-319. Eligibility factors include:

• Lacking sufficient property to provide for reasonable needs
• Being unable to support oneself through appropriate employment
• Having contributed to the other spouse’s education or career
• Having a marriage of long duration that diminished the spouse’s earning capacity

If the spouse qualifies, the court then determines the amount and duration by weighing factors such as the standard of living during the marriage, the length of the marriage, the age and health of each party, and each spouse’s earning ability.

Covenant Marriage: Special Rules

Couples in a covenant marriage face additional requirements before filing for divorce. Under A.R.S. Section 25-903, they must first attend marital counseling. The grounds for dissolving a covenant marriage include adultery, conviction of a felony, physical or sexual abuse, abandonment for at least one year, living separate and apart for at least two years, habitual substance abuse, and mutual agreement to dissolve. Standard no-fault grounds do not apply to covenant marriages.

The Arizona Dissolution Process

1. Filing the Petition — One spouse files a Petition for Dissolution of Marriage with the superior court and pays the filing fee.
2. Serving the Other Spouse — The petition must be served on the other party. The responding spouse has 20 days to file a response (30 days if served out of state).
3. Preliminary Injunction — Arizona automatically imposes a preliminary injunction (A.R.S. Section 25-315) upon filing, preventing both parties from disposing of property, changing insurance, or relocating children.
4. Temporary Orders — Either party may request temporary orders for support, custody, or exclusive use of the marital home.
5. Discovery and Disclosure — Both parties must exchange a disclosure statement detailing all assets, debts, income, and expenses.
6. Resolution Management Conference — The court schedules a conference to identify contested issues and explore settlement options.
7. Mediation or Settlement — Most Arizona cases settle through negotiation or court-ordered mediation, particularly on custody issues.
8. Trial (if needed) — A judge decides unresolved disputes at trial.
9. Decree of Dissolution — After the 60-day waiting period and resolution of all issues, the court enters the final decree.

For a broader understanding of the divorce process, read our complete guide to divorce.

When to Consult an Attorney

Arizona’s community property rules, automatic preliminary injunction, and covenant marriage provisions create situations where professional legal guidance is valuable. If your case involves significant community assets, a business, complex debt, a covenant marriage, or custody disputes, consulting with an experienced Arizona family law attorney is a wise step. You can request a free consultation to explore your options.