Divorce Laws in Arizona: Complete 2026 Guide

Arizona is a pure no-fault divorce state for standard (non-covenant) marriages. Under A.R.S. § 25-312, the only ground required is that the marriage is 'irretrievably broken,' meaning there is no reasonable prospect of reconciliation. Neither spouse needs to prove fault or wrongdoing. If both spouses agree the marriage is irretrievably broken, the court will make a finding to that effect. If one spouse denies it, the court may hold a hearing and may order conciliation efforts before proceeding (A.R.S. § 25-312(C)). Arizona is unique among states in that it also recognizes 'covenant marriages,' a special form of marriage created by statute in 1998 (A.R.S. §§ 25-901 through 25-906). Couples who entered into a covenant marriage agreed to premarital counseling and a heightened commitment to the marriage. To dissolve a covenant marriage, the petitioning spouse must prove specific fault-based grounds under A.R.S. § 25-903. These grounds include: (1) the respondent committed adultery; (2) the respondent committed a felony resulting in a sentence of death or imprisonment; (3) the respondent abandoned the marital home for at least one year; (4) the respondent physically or sexually abused the petitioner, a child, or a relative permanently living in the home, or committed domestic violence or emotional abuse; (5) the spouses have been living separately and apart continuously without reconciliation for at least two years; (6) the respondent habitually abuses drugs or alcohol; or (7) both spouses agree to dissolve the marriage. It is important to note that while fault is not a ground for a standard divorce, marital misconduct may still be relevant in other aspects of the case. For example, a spouse's wasteful spending of community assets (known as 'community waste') can affect property division under A.R.S. § 25-318. Similarly, domestic violence and substance abuse are factors in child custody determinations under A.R.S. § 25-403. However, marital misconduct does not directly affect eligibility for spousal maintenance under A.R.S. § 25-319. If you are unsure whether you have a covenant or standard marriage, check your marriage license — a covenant marriage will be specifically designated as such on the license. The vast majority of Arizona marriages are standard marriages, and the no-fault ground of irretrievable breakdown applies.

Under A.R.S. § 25-312, at least one spouse must have been domiciled in Arizona, or stationed in Arizona as a member of the armed services, for at least 90 continuous days before filing a Petition for Dissolution of Marriage. This is a jurisdictional requirement — if it is not met, the Superior Court has no authority to dissolve the marriage. 'Domicile' means more than simply being physically present; it requires that the person considers Arizona their permanent home and principal establishment, with the intent to remain (as distinguished from temporary presence for work or travel). You will need to testify under oath that you meet the residency requirement when your divorce is finalized. While proof is not routinely demanded, if your spouse contests your residency, you may need to provide supporting evidence such as an Arizona driver's license, tax records, utility bills, lease or mortgage documents, vehicle registration, or similar documentation. Providing false information constitutes perjury and could result in sanctions from the court. If minor children are involved, there is an additional requirement under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified at A.R.S. § 25-1002. The Arizona court will not have jurisdiction over child custody (legal decision-making) and parenting time issues unless Arizona qualifies as the child's 'home state' — generally meaning the children have lived in Arizona for at least six consecutive months before the filing. A parent can still file for divorce after 90 days of personal residency, but the court may not be able to address custody issues until the six-month child residency requirement is met. The petition must be filed with the Superior Court in the county where either spouse resides, pursuant to A.R.S. § 12-401. There is no separate county residency requirement beyond filing in the appropriate venue. If you have not yet lived in Arizona for 90 days, you may begin gathering documents and preparing your case, but you cannot officially file until the residency requirement is satisfied. If you file prematurely, the court will lack jurisdiction and your case may be dismissed.

Arizona is a community property state, not an equitable distribution state. Under A.R.S. § 25-211, all property acquired by either spouse during the marriage is presumed to be community property, owned equally by both spouses regardless of whose name is on the title or who earned the income. Upon divorce, community property is generally divided equally (50/50) between the spouses under A.R.S. § 25-318. This is a key distinction from 'equitable distribution' states where judges divide property based on fairness factors rather than strict equal division. Separate property — property acquired before the marriage, after service of the dissolution petition, or by gift or inheritance during the marriage — belongs solely to the spouse who acquired it and is not subject to division. However, if separate property has been commingled with community property (for example, depositing an inheritance into a joint bank account), it may lose its separate character and be subject to division. Prenuptial or postnuptial agreements can also define what is separate vs. community property. While the law calls for equal division, this does not necessarily mean each asset is split down the middle. The court may award one spouse the family home and offset that with a larger share of retirement accounts to the other spouse, for example. Arizona courts also consider community debts and divide them between the parties. Financial holdings — including bank accounts, stocks, IRAs, 401(k)s, pensions, and retirement plans — are treated the same as real property for division purposes under A.R.S. § 25-318. Importantly, under A.R.S. § 25-318, the court may consider whether either spouse engaged in excessive or abnormal expenditures, destruction, concealment, or fraudulent disposition of community assets (commonly called 'community waste'). A spouse found to have wasted community assets may receive a smaller share of the remaining property. The court's goal is to achieve a substantially equal division of the community estate, taking all assets and debts into account.

Spousal maintenance (the Arizona term for alimony) is governed by A.R.S. § 25-319. It is not automatically awarded in every divorce — the requesting spouse must first establish 'eligibility' under A.R.S. § 25-319(A) by demonstrating at least one of the following: (1) the spouse lacks sufficient property to provide for their reasonable needs; (2) the spouse lacks adequate earning ability in the labor market to be self-sufficient; (3) the spouse is the parent of a child whose age or condition requires them to remain at home rather than seek employment; (4) the spouse made significant financial or other contributions to the other spouse's education, career, or earning ability, or significantly reduced their own income or career opportunities for the benefit of the other spouse; or (5) the marriage was of long duration and the spouse is of an age that may preclude gaining adequate employment. Once eligibility is established, the court determines the amount and duration of the award based on 13 factors set forth in A.R.S. § 25-319(B), including: the standard of living during the marriage; the duration of the marriage; the age, employment history, earning ability, and health of the requesting spouse; the ability of the paying spouse to meet their own needs while paying maintenance; the comparative financial resources of each spouse; the contributions of each spouse to the other's career; the extent to which either spouse reduced income or career opportunities for the family; and the time needed for the requesting spouse to acquire education or training for employment. Effective September 1, 2025, the Arizona Supreme Court enacted substantial revisions to the Spousal Maintenance Guidelines. These updated guidelines call for courts to evaluate a broader array of factors, including career sacrifices made during the marriage and realistic future earning potential. The guidelines now use a Spousal Maintenance Calculator that produces both amount and duration ranges to promote consistency and predictability. Key changes include updated income assessment methods — overtime pay is averaged over three years, income from property is evaluated case-by-case rather than at a presumed 4% return, and retirement assets are not counted as income until age 59½. Spousal maintenance in Arizona is intended to be rehabilitative — supporting the receiving spouse in becoming self-sufficient. Awards may be temporary (for a fixed duration) or indefinite, depending on the circumstances. Maintenance can be modified upon a showing of substantial and continuing changed circumstances. For divorce agreements executed after December 31, 2018, spousal maintenance payments are generally not tax-deductible for the payor or taxable to the recipient at the federal level. Arizona state tax law generally follows this federal treatment.

Arizona uses the terms 'legal decision-making' (instead of legal custody) and 'parenting time' (instead of physical custody or visitation) to describe child custody arrangements. Under A.R.S. § 25-403, the court must determine both legal decision-making authority and parenting time based on the best interests of the child. Legal decision-making authority covers the right to make major decisions about the child's education, healthcare, religion, and personal care. Parenting time refers to the schedule of when each parent has the child. A.R.S. § 25-403 sets forth 11 specific factors the court must consider in determining the best interests of the child, including: (1) the past, present, and potential future relationship between each parent and the child; (2) the child's interaction and interrelationship with parents, siblings, and other significant persons; (3) the child's adjustment to home, school, and community; (4) the wishes of the child if of suitable age and maturity; (5) the mental and physical health of all parties; (6) which parent is more likely to allow frequent, meaningful, and continuing contact with the other parent; (7) whether one parent intentionally misled the court; (8) whether there has been domestic violence or child abuse; (9) the nature and extent of coercion or duress in obtaining agreements; (10) compliance with parenting education requirements; and (11) whether either parent was convicted of false reporting of child abuse. Under A.R.S. § 25-403.01, the court may award sole or joint legal decision-making authority. Joint legal decision-making means both parents must consult and agree on major decisions. Arizona courts generally favor arrangements that maximize each parent's involvement in the child's life, but there is no presumption in favor of joint or sole custody — the court decides based solely on the child's best interests. When joint legal decision-making is awarded, parents must submit a parenting plan detailing how decisions will be made and how disputes will be resolved. Arizona law also requires parents involved in a custody case to complete a mandatory Parent Information Program class (A.R.S. § 25-352), which costs approximately $45 and educates parents about the impact of divorce on children. The court may also appoint a guardian ad litem or a best interests attorney to represent the child's interests in contested cases. If domestic violence is alleged, A.R.S. § 25-403.03 creates a rebuttable presumption that an award of sole or joint legal decision-making to the offending parent is not in the child's best interest.

The divorce process in Arizona begins when one spouse (the 'petitioner') files a Petition for Dissolution of Marriage with the Superior Court in the county where either spouse resides. The petition must be verified (signed under oath) and must allege that the marriage is irretrievably broken, state whether children are involved, and set forth the petitioner's position on key issues such as property division, custody, and support (A.R.S. § 25-314). Along with the petition, the petitioner must file a summons and a Family Court Cover Sheet. If children are involved, additional documents including a proposed parenting plan are typically required. A Preliminary Injunction under A.R.S. § 25-315 automatically takes effect upon filing, preventing either spouse from disposing of assets, removing children from the state, or making significant financial changes. After filing, the petitioner must formally serve the respondent with copies of all filed documents. Service can be accomplished through a private process server, the Sheriff's Office, or by certified mail within Arizona. If the respondent voluntarily agrees, they may sign an Acceptance of Service form. The respondent then has 20 days (if served in Arizona) or 30 days (if served outside Arizona) to file a written Response (AZ ST RFLP Rule 32). If the respondent fails to respond, the petitioner may pursue a default judgment. Filing fees vary by county. In Maricopa County, the filing fee for a Petition for Dissolution of Marriage is approximately $349. Other counties range from approximately $249 to $400, and some counties charge different amounts depending on whether children are involved. The respondent also pays a separate fee to file a Response. Fee waivers or deferrals may be available for those who qualify based on financial hardship. Both parties must complete mandatory financial disclosures under Rule 49 of the Arizona Rules of Family Law Procedure. If children are involved, both parents must complete a Parent Information Program class (approximately $45) as required by A.R.S. § 25-352. If both spouses agree on all terms before filing, they may use the summary consent decree process under A.R.S. § 25-314.01, filing a joint petition stating that all issues are resolved. After the 60-day waiting period, the court can enter the decree without a hearing. For contested cases, the court will schedule a Resolution Management Conference and may refer the parties to mediation. If no settlement is reached, the case proceeds to trial before a Superior Court judge. All divorce cases in Arizona are heard in the Superior Court, which is the state's general jurisdiction trial court. Each of Arizona's 15 counties has a Superior Court with a Family Court division (or assigned family law judges) that handles dissolution of marriage, legal separation, annulment, child custody, child support, spousal maintenance, and related domestic relations matters. Divorce cases cannot be filed in Justice Courts or Municipal Courts — those courts handle only limited civil matters, misdemeanors, and small claims. The Superior Court in each county may have specific local rules and procedures in addition to the statewide Arizona Rules of Family Law Procedure. For example, Maricopa County Superior Court (the largest family court in the state, located in Phoenix) has its own local rules, self-service forms, and a Family Court Self-Service Center that assists self-represented litigants. Pima County (Tucson), Pinal County, and other counties also provide self-help resources. The Arizona Judicial Branch website (azcourts.gov) provides statewide information, forms, and links to county-specific resources. Appeals from Superior Court family law decisions are taken to the Arizona Court of Appeals. Arizona has two divisions of the Court of Appeals: Division One (located in Phoenix, covering Maricopa and surrounding counties) and Division Two (located in Tucson, covering Pima and southern Arizona counties). Further appeals may be taken to the Arizona Supreme Court, though the Supreme Court has discretionary review and accepts only a small number of family law cases. The Superior Court maintains continuing jurisdiction over post-decree matters such as modification of custody, support, or maintenance orders.

Arizona imposes a mandatory 60-day waiting period before a divorce can be finalized. Under A.R.S. § 25-329, the court cannot enter a final decree of dissolution until at least 60 days have elapsed from the date the respondent (non-filing spouse) was served with the divorce petition — not from the date the petition was filed. This distinction is important: service of process starts the clock. The 60-day waiting period is sometimes called the 'cooling-off' or 'conciliation' period. Its official purpose is to give either spouse the opportunity to request free marriage counseling through the court's conciliation services under A.R.S. § 25-381.09. Even if both spouses agree on all issues — including property division, child custody, and support — the court cannot sign the final decree until day 61 at the earliest. There are no exceptions or judicial waivers to this waiting period. In practice, most divorces take longer than the minimum 60 days. An uncontested divorce where both parties agree on all terms may be finalized in approximately 60 to 120 days. Contested divorces that require litigation, discovery, and trial can take 8 to 12 months or longer in many counties. In Maricopa County, contested cases average 8 to 10 months. During the waiting period, parties can and should use the time productively — exchanging mandatory financial disclosures under Rule 49 of the Arizona Rules of Family Law Procedure, pursuing mediation, seeking temporary orders for custody and support, and completing required parenting classes if children are involved. Arizona does not require a period of separation before filing for divorce. There is no requirement that the spouses live apart for any minimum time before one of them can file a Petition for Dissolution of Marriage. The 90-day residency requirement and the 60-day post-service waiting period are the only time-related prerequisites.