Divorce in Arizona: Laws, Process, and Costs

A couple in Maricopa County assumed their divorce would be straightforward. Both agreed the marriage was over, they had already divided most of their belongings informally, and they expected to file the paperwork and be done within a few weeks. What they did not anticipate: the moment the petition was filed, an automatic preliminary injunction locked down everything — bank accounts, insurance policies, retirement funds, even the ability to take their children out of state. Under A.R.S. Section 25-315, Arizona imposes this injunction on both spouses the instant the case begins, without either party requesting it. The couple had to navigate these restrictions for the next three months while working through the 60-day waiting period and finalizing their agreement.

Arizona’s divorce process — officially called “dissolution of marriage” — has features that distinguish it from other states. It is a community property state with a strong presumption of equal division. It is one of only three states that recognizes covenant marriage, which restricts the grounds for divorce. And its automatic preliminary injunction is among the most comprehensive in the country, freezing the financial status quo from day one.

This guide covers Arizona divorce law as it works in 2026: grounds for divorce (including covenant marriage), the filing process, property division under the community property framework, spousal maintenance, and what to expect on costs and timeline. For a broader overview, see our complete guide to divorce.

Grounds for Divorce in Arizona

Arizona is a no-fault state for standard marriages. Under A.R.S. Section 25-312, the sole ground for dissolution is that the marriage is “irretrievably broken” with no reasonable prospect of reconciliation.

One spouse’s statement that the marriage is irretrievably broken is sufficient. The other spouse does not need to agree, and the court does not require evidence of specific misconduct. Arizona does not recognize fault-based grounds such as adultery, cruelty, or abandonment for standard marriages.

Covenant Marriage: The Exception

Arizona is one of three states (along with Louisiana and Arkansas) that recognizes covenant marriage under A.R.S. Section 25-901. Couples who entered a covenant marriage agreed to pre-marital counseling and accepted limited grounds for divorce.

To dissolve a covenant marriage under A.R.S. Section 25-903, the filing spouse must prove one of the following:

• Adultery
• Conviction of a felony with imprisonment or death sentence
• Physical or sexual abuse of the spouse, a child, or a relative living in the household
• Abandonment for at least one year
• Living separate and apart continuously for at least two years
• Habitual abuse of drugs or alcohol
• Both spouses agree to dissolution
• Domestic violence or emotional abuse

Covenant marriage couples must also attend counseling before filing. The standard no-fault ground of “irretrievably broken” does not apply to covenant marriages. However, covenant marriages represent a small fraction of Arizona marriages — estimates suggest fewer than 1% of couples choose this option.

Residency Requirements

At least one spouse must have been domiciled in Arizona (or stationed in Arizona as a member of the armed forces) for at least 90 days before filing for dissolution under A.R.S. Section 25-312.

Arizona uses the term “domiciled” rather than “resident,” meaning the person must intend to make Arizona their permanent home. Simply maintaining a vacation property in Arizona does not satisfy the requirement.

The petition is filed in the superior court of the county where either spouse resides. Arizona has 15 counties, each with its own superior court. Maricopa County (Phoenix metro) handles the largest volume of family law cases in the state.

The 60-Day Waiting Period

Arizona requires a 60-day waiting period from the date the respondent is served with the petition before the court can enter a decree of dissolution under A.R.S. Section 25-329.

This waiting period applies to all cases, including uncontested dissolutions where both parties agree on every issue. The 60 days is a minimum — most cases take longer, particularly those involving contested issues or children. The court cannot waive the waiting period.

How to File for Divorce in Arizona

Step 1: Prepare Your Documents

Arizona provides standardized court forms through the Arizona Judicial Branch Self-Service Center. Required forms include:

• Petition for Dissolution of Marriage (with or without children)
• Summons
• Preliminary Injunction (included automatically with the summons)
• Sensitive Data Sheet — includes Social Security numbers and other confidential information
• Parenting Plan (if minor children are involved)
• Child Support Worksheet (if applicable)
• Parent Information Program certificate (required for cases with minor children)

Arizona uses the term “petitioner” for the spouse who files and “respondent” for the other spouse.

Step 2: File and Pay

File with the clerk of the superior court in the county where either spouse resides.

Filing fees vary by county. Maricopa County charges approximately $349. Pima County (Tucson) charges approximately $305. Some counties offer electronic filing.

If you cannot afford the filing fee, you can file an application to defer or waive fees. The court evaluates your income, expenses, and assets to determine eligibility.

Step 3: Serve Your Spouse

The respondent must be formally served with the petition, summons, and preliminary injunction. Arizona allows several methods:

• Personal service by a process server, sheriff’s deputy, or any person over 18 who is not a party to the case
• Acceptance of service — the respondent signs an acceptance, waiving formal service
• Service by publication if the respondent cannot be located after diligent efforts (requires court approval)

After being served, the respondent has 20 days to file a response (30 days if served outside Arizona).

Step 4: The Automatic Preliminary Injunction

This is where Arizona stands out. Under A.R.S. Section 25-315, a preliminary injunction takes effect automatically when the petition is filed (for the petitioner) and when the petition is served (for the respondent). The injunction prohibits both parties from:

• Transferring, encumbering, concealing, selling, or disposing of community or joint property without court permission or the other party’s written consent
• Molesting, harassing, or disturbing the peace of the other party
• Removing minor children from Arizona without the other party’s written consent or a court order
• Changing or canceling insurance coverage for the other party or the children

Violating the preliminary injunction can result in contempt of court, sanctions, and adverse inferences in the property division.

Step 5: Disclosure and Discovery

Both parties must exchange an Affidavit of Financial Information detailing all income, expenses, assets, and debts. Arizona Rule of Family Law Procedure 49 requires this disclosure within 40 days of the respondent’s answer. Full and honest disclosure is mandatory — hiding assets can result in penalties including an unequal division of property favoring the other spouse.

Step 6: Resolve or Try

If both spouses agree on all terms, they submit a consent decree and settlement agreement to the court. In Maricopa County and several other counties, uncontested cases can be resolved without a hearing through the court’s document review process.

If the spouses disagree, the case proceeds through a Resolution Management Conference (RMC), where the court identifies contested issues and may order mediation. Maricopa County requires mediation for custody disputes. If mediation fails, the case goes to trial.

Property Division: Community Property

Arizona is one of nine community property states. The framework is governed by A.R.S. Section 25-211 through 25-214.

Community vs. Separate Property

Community property includes all assets and debts acquired during the marriage by either spouse, regardless of whose name is on the title. This includes:

• Wages, salaries, bonuses, and commissions earned during the marriage
• Real estate purchased with community funds
• Retirement accounts and pension benefits accrued during the marriage (the marital portion)
• Business interests acquired or grown during the marriage
• Vehicles, furniture, and personal property purchased during the marriage
• Debts incurred during the marriage

Separate property includes:

• Assets owned before the marriage
• Gifts received by one spouse (even during the marriage)
• Inheritances received by one spouse
• Property acquired after service of the petition (in some circumstances)
• Property designated as separate by a valid prenuptial or postnuptial agreement

Substantially Equal Division

Under A.R.S. Section 25-318, the court divides community property “equitably,” which in Arizona practice means substantially equally. Unlike some equitable distribution states where the court can weigh numerous factors to justify an unequal split, Arizona courts start from the premise that community property should be divided roughly 50/50.

The court may deviate from equal division in limited circumstances, including:

• Community waste — when one spouse recklessly spent, destroyed, or gave away community assets (gambling losses, spending on an extramarital relationship, deliberate destruction of property)
• Excessive or abnormal expenditures during the dissolution process
• Fraudulent disposition of community property

Separate property generally remains with the owning spouse, but it can lose its separate character through commingling — mixing separate funds with community funds in a way that makes them untraceable.

Retirement Accounts

Retirement accounts are divided based on the portion earned during the marriage. A Qualified Domestic Relations Order (QDRO) is required to divide 401(k)s, 403(b)s, and pension plans. Arizona’s public employee retirement systems (ASRS, PSPRS, CORP) have their own division procedures and forms.

Spousal Maintenance (Alimony)

Arizona uses the term “spousal maintenance” and applies a two-step analysis under A.R.S. Section 25-319.

Step 1: Does the Requesting Spouse Qualify?

The court first determines whether the spouse is eligible for maintenance. Eligibility exists when the requesting spouse:

• Lacks sufficient property (including community property awarded in the divorce) to provide for their reasonable needs
• Is unable to be self-sufficient through appropriate employment, or is the custodian of a child whose condition requires them to stay home
• Contributed to the other spouse’s educational opportunities
• Had a marriage of long duration and is of an age that precludes gaining adequate employment
• Significantly reduced their income or career opportunities for the benefit of the other spouse

Step 2: How Much and How Long?

If the spouse qualifies, the court determines the amount and duration by considering:

• The standard of living during the marriage
• The duration of the marriage
• The age, employment history, earning ability, and physical and emotional condition of the requesting spouse
• The ability of the paying spouse to meet their own needs while paying maintenance
• The comparative financial resources of the spouses
• The contribution of the requesting spouse as a homemaker
• The time necessary for the requesting spouse to acquire education or training for employment
• Whether the requesting spouse made excessive or abnormal expenditures or destroyed community property

Arizona does not use a mathematical formula for maintenance. Awards are discretionary, and outcomes vary significantly by judge and jurisdiction.

Duration Guidelines

While Arizona has no statutory formula, general patterns emerge:

• Short marriages (under 5 years): Maintenance is less common and typically short-term (1-2 years) if awarded
• Medium marriages (5-15 years): Rehabilitative maintenance for a set period, typically 30% to 50% of the marriage length
• Long marriages (15+ years): Longer awards, sometimes indefinite for marriages exceeding 20 years where one spouse has limited earning capacity

The Automatic Preliminary Injunction in Detail

Arizona’s automatic preliminary injunction deserves special attention because it is more comprehensive than temporary restraining orders in most states and takes effect without anyone requesting it.

The injunction prevents both parties from:

1. Disposing of property — you cannot sell the house, empty bank accounts, cash out retirement funds, or transfer assets without written consent or a court order
2. Changing insurance — you cannot cancel health insurance, auto insurance, homeowner’s insurance, or life insurance covering the other spouse or children
3. Removing children — you cannot take minor children out of Arizona without written consent or a court order
4. Harassment — you cannot harass, disturb the peace, or intimidate the other party

The injunction remains in effect until the final decree is entered or the court modifies it. Both parties are bound by it from the moment they become subject to it (filing for the petitioner, service for the respondent).

How Much Does Divorce Cost in Arizona?

Attorney fees in Arizona range from $250 to $450 per hour. Phoenix and Scottsdale attorneys tend to charge at the higher end. Initial retainers typically range from $2,500 to $7,500.

Court filing fees are $300 to $350 depending on the county.

Mediation costs $2,000 to $8,000 for the full process. Maricopa County requires mediation for contested custody cases through its Conciliation Services division.

Parent Information Program attendance is required for cases with minor children and costs approximately $50 to $75 per parent.

For a personalized estimate, try our divorce cost estimator.

How Long Does Divorce Take in Arizona?

The 60-day waiting period sets the minimum:

• Uncontested, no children: 2 to 3 months (60-day wait plus processing time)
• Uncontested, with children: 3 to 5 months (parenting plan and parent education class add time)
• Contested, settled before trial: 6 to 12 months
• Contested, goes to trial: 12 to 18 months or more

Maricopa County, the state’s most populous, handles a high volume of family law cases. Processing times for uncontested cases have improved with electronic filing, but contested cases still face scheduling constraints.

Frequently Asked Questions

Is Arizona a no-fault divorce state?

Yes, for standard marriages. The only ground for dissolution is that the marriage is “irretrievably broken” under A.R.S. Section 25-312. Neither spouse needs to prove wrongdoing. However, if you entered a covenant marriage, you must prove specific grounds such as adultery, abuse, abandonment, or a felony conviction, or show that you have lived apart for at least two years.

Is Arizona a 50/50 state for property division?

Essentially, yes. Arizona divides community property “equitably,” which in practice means substantially equally. Unlike equitable distribution states that weigh many factors, Arizona starts from a presumption of equal division. The court may deviate from 50/50 only in limited circumstances, primarily when one spouse wasted community assets through gambling, spending on an affair, or deliberate destruction.

What is a covenant marriage and how does it affect divorce?

A covenant marriage is a special type of marriage available in Arizona (and Louisiana and Arkansas) where couples agree to pre-marital counseling and accept limited grounds for divorce. To end a covenant marriage, you must prove fault or demonstrate at least two years of separation. Fewer than 1% of Arizona couples choose covenant marriage.

What does the automatic preliminary injunction prohibit?

The injunction prevents both spouses from selling or transferring property, changing insurance coverage, removing children from the state, or harassing each other. It takes effect automatically when the petition is filed (for the petitioner) and when the petition is served (for the respondent). No one needs to request it — it is part of every Arizona dissolution case.

How long do you have to live in Arizona to file for divorce?

At least one spouse must have been domiciled in Arizona for at least 90 days before filing. Arizona uses “domiciled” rather than “resident,” meaning you must intend to make Arizona your permanent home. Military members stationed in Arizona satisfy this requirement through their assignment.

Does adultery affect divorce outcomes in Arizona?

Not directly. Because Arizona is a no-fault state, adultery does not serve as a ground for dissolution in standard marriages and does not directly affect property division or spousal maintenance. However, if a spouse spent community funds on an extramarital relationship, the court may consider that as community waste when dividing property, potentially awarding the other spouse a larger share to compensate.

How This Guide Was Researched

This guide was created by reviewing publicly available legal information from official state statutes, judiciary websites, court resources, and family law publications. The goal is to explain family law topics in plain English so readers can better understand the process before speaking with an attorney.

Sources and Legal References

This guide is based on publicly available legal information and official sources, including:

• A.R.S. Title 25 — Marital and Domestic Relations
• A.R.S. 25-312 — Dissolution of Marriage; Grounds
• A.R.S. 25-315 — Preliminary Injunction
• A.R.S. 25-318 — Disposition of Property
• A.R.S. 25-319 — Maintenance Orders
• A.R.S. 25-901 — Covenant Marriage
• A.R.S. 25-903 — Dissolution of Covenant Marriage

Official Arizona Resources

• Arizona Judicial Branch — Self-Service Center
• Arizona Family Law Forms
• Maricopa County Superior Court — Family Court
• Arizona State Bar — Family Law Resources

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

Learn more about related family law topics:

• The Complete Guide to Divorce
• Child Custody in Arizona
• Child Support in Arizona
• How Much Does Divorce Cost?
• Divorce Cost Estimator
• Child Support Calculator
• Get a Free Consultation

Last updated: March 2026. This guide summarizes general legal information based on publicly available sources and is provided for educational purposes only. It does not constitute legal advice. For advice specific to your situation, consult a licensed attorney in your state.