Arizona Divorce Filing Guide: Requirements, Process & Costs (2025)
To file for divorce in Arizona, one spouse must live in the state for 90 days. The process involves filing a petition, serving your spouse, and a 60-day...
Key Takeaways
- To file for divorce in Arizona, you or your spouse must have lived in the state for at least 90 days before filing the petition.
- Arizona is a no-fault divorce state, meaning you only need to state that the marriage is irretrievably broken with no reasonable prospect of reconciliation.
- The Arizona divorce process involves preparing forms, filing them with the court, serving your spouse, and potentially attending a hearing.
- A divorce in Arizona takes a minimum of 60 days due to the mandatory waiting period, but can take much longer if contested.
- The cost of a divorce in Arizona varies widely, from a few hundred dollars for an uncontested case to thousands for a contested one.
To file for divorce in Arizona, one spouse must live in the state for 90 days. The process involves filing a petition, serving your spouse, and a 60-day waiting period before a final decree.
Arizona Divorce Filing Guide: Requirements, Process & Costs (2025)
To file for divorce in Arizona, one spouse must live in the state for 90 days. The process involves filing a petition, serving your spouse, and a 60-day waiting period before a final decree.
Filing for divorce in Arizona, legally called a "dissolution of marriage," requires understanding the state's specific residency requirements, grounds for divorce, and court procedures. This comprehensive guide walks you through every step of the Arizona divorce process, from initial filing to final decree.
Table of Contents
- What are the residency requirements for divorce in Arizona?
- What are the grounds for divorce in Arizona?
- How do I file for divorce in Arizona? Step-by-Step
- How long does a divorce take in Arizona?
- How much does a divorce cost in Arizona?
- Frequently Asked Questions
- Legal References
What are the residency requirements for divorce in Arizona?
To file for divorce in Arizona, you or your spouse must have lived in the state for at least 90 days before filing the petition.
Arizona has one of the shortest residency requirements in the United States. According to Arizona Revised Statutes § 25-312, at least one of the parties must reside in the state for 90 days before filing the petition for dissolution of marriage. There is no separate county residency requirement, so you can file in the Superior Court of any Arizona county where either you or your spouse lives. For military members, Arizona law allows them to file for divorce if they have been stationed in the state for at least 90 days.
Civilly Insight: The 90-day residency requirement makes Arizona a more accessible state for divorce compared to others that require a year or more. This can be advantageous for individuals who have recently relocated to the state.
What are the grounds for divorce in Arizona?
Arizona is a no-fault divorce state, meaning you only need to state that the marriage is irretrievably broken with no reasonable prospect of reconciliation.
No-Fault Grounds
In Arizona, you do not need to prove that your spouse did anything wrong to be granted a divorce. The only ground for a standard divorce is that the marriage is "irretrievably broken." This means there is no reasonable chance of getting back together. This no-fault approach simplifies the divorce process by avoiding the need to present evidence of misconduct.
Fault Grounds (for Covenant Marriages)
Arizona offers a special type of marriage called a "covenant marriage," which has more stringent requirements for divorce. If you are in a covenant marriage, you must prove one of the following fault-based grounds:
| Ground | Description | Statute |
|---|---|---|
| Adultery | Your spouse has been unfaithful. | A.R.S. § 25-903 |
| Felony Conviction | Your spouse has been convicted of a felony and sentenced to death or imprisonment. | A.R.S. § 25-903 |
| Abandonment | Your spouse has abandoned the marital home for at least one year. | A.R.S. § 25-903 |
| Domestic Violence | Your spouse has committed domestic violence or emotional abuse. | A.R.S. § 25-903 |
| Living Separately | You and your spouse have been living separately and apart for at least two years. | A.R.S. § 25-903 |
| Separation After Decree | You and your spouse have been living separately for one year after a decree of legal separation. | A.R.S. § 25-903 |
| Substance Abuse | Your spouse regularly abuses drugs or alcohol. | A.R.S. § 25-903 |
How do I file for divorce in Arizona? Step-by-Step
The Arizona divorce process involves preparing forms, filing them with the court, serving your spouse, and potentially attending a hearing.
Step 1: Gather Required Documents
Before you begin, gather all necessary financial documents, including tax returns, pay stubs, bank statements, and property deeds.
Step 2: Complete Divorce Forms
You will need to complete several forms, starting with the Petition for Dissolution of Marriage. You can find the necessary forms on the Arizona Judicial Branch website.
Step 3: File with the Court
File the completed forms with the Clerk of the Superior Court in the county where you or your spouse reside. You will need to pay a filing fee.
Step 4: Serve Your Spouse
After filing, you must formally notify your spouse by "serving" them with the divorce papers. This is typically done by a licensed process server or the sheriff's office.
Step 5: Wait for Response
Your spouse has 20 days (if they live in Arizona) or 30 days (if they live out of state) to file a response to your petition.
Step 6: Finalizing the Divorce
If you and your spouse agree on all terms, you can submit a Consent Decree. If you disagree, you may need to attend mediation or a court hearing. There is a mandatory 60-day waiting period from the date of service before the divorce can be finalized.
How long does a divorce take in Arizona?
A divorce in Arizona takes a minimum of 60 days due to the mandatory waiting period, but can take much longer if contested.
An uncontested divorce, where both parties agree on all issues, can be finalized in as little as 60 to 90 days. However, if you and your spouse disagree on issues like property division, child custody, or alimony, the process can take several months to over a year to resolve through negotiation, mediation, or a trial.
How much does a divorce cost in Arizona?
The cost of a divorce in Arizona varies widely, from a few hundred dollars for an uncontested case to thousands for a contested one.
Filing fees in Arizona are typically between $300 and $400. If you hire an attorney, their hourly rates can range from $250 to $600 or more. An uncontested divorce might cost around $1,500 to $3,000 in legal fees, while a contested divorce can easily exceed $10,000.
| Cost Component | Estimated Range |
|---|---|
| Filing Fees | $300 - $400 |
| Service of Process | $50 - $150 |
| Attorney Fees (Uncontested) | $1,500 - $3,000 |
| Attorney Fees (Contested) | $10,000+ |
| Mediation | $1,000 - $5,000 |
Frequently Asked Questions
1. Can I get a divorce in Arizona if my spouse lives in another state? Yes, as long as you meet the 90-day residency requirement, you can file for divorce in Arizona.
2. What is a default divorce? If your spouse fails to respond to the divorce petition within the time limit, you can request a default judgment from the court, which usually grants you the terms you requested.
3. Do I need a lawyer to get a divorce in Arizona? While you are not required to have a lawyer, it is highly recommended, especially if you have children, significant assets, or disagreements with your spouse.
4. What is community property? Arizona is a community property state, which means that most assets and debts acquired during the marriage are considered jointly owned and will be divided equally upon divorce.
5. How is child custody decided in Arizona? Arizona courts prioritize the best interests of the child when making custody decisions, considering factors like the child's relationship with each parent and each parent's ability to provide a stable home.
Legal References
- Arizona Revised Statutes § 25-312 (Residency Requirement)
- Arizona Revised Statutes § 25-903 (Covenant Marriage Grounds)
- Arizona Judicial Branch - Family Law Forms