Complete Guide to Divorce in Arizona (2026)

Written by: Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Arizona Divorce Law

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Arizona law is subject to change, and you should consult a licensed Arizona attorney for guidance on your specific situation.

Divorce in Arizona requires at least one spouse to have been domiciled in the state for a minimum of 90 days before filing. Arizona is a no-fault, community property state with a mandatory 60-day waiting period after service of the petition. Filing fees typically range from $249 to $364 depending on the county. The process is governed by Arizona Revised Statutes (A.R.S.) Title 25.

Overview: What Makes Divorce in Arizona Unique

Arizona stands out among U.S. states for several distinctive features in its divorce law. First, Arizona is one of only nine community property states in the country, meaning marital property is presumed to be owned equally by both spouses and is generally divided 50/50 upon divorce. Second, Arizona is one of only three states (along with Arkansas and Louisiana) that recognize covenant marriages, a special form of marriage that significantly restricts the grounds on which a couple may divorce. Third, Arizona uses unique terminology for custody matters, replacing the traditional terms "custody" and "visitation" with "legal decision-making" and "parenting time." Finally, the state adopted formal Spousal Maintenance Guidelines in 2023 following a 2022 legislative amendment, bringing greater predictability to alimony awards.

In Arizona, divorce is formally referred to as a "Dissolution of Marriage" and is governed primarily by A.R.S. Title 25, Sections 25-311 through 25-381.24.

Residency Requirements

Before you can file for divorce in Arizona, jurisdictional residency requirements must be met. Under A.R.S. Section 25-312, at least one spouse must have been domiciled in Arizona for a minimum of 90 days before the petition for dissolution is filed. Military members stationed in Arizona also satisfy the residency requirement, even if their legal domicile is in another state.

It is important to understand that "domicile" is more than mere physical presence. Domicile requires both physical presence in Arizona and the intent to make it your permanent home. A temporary job assignment, for example, may not establish domicile even if you have been in the state for more than 90 days.

If you file without meeting the 90-day requirement, the court lacks subject matter jurisdiction, and your case may be dismissed.

When minor children are involved, additional jurisdictional requirements apply under the Arizona Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The court does not have jurisdictional authority to decide matters of child custody and child support unless Arizona qualifies as the child's "home state," which generally requires the children to have resided in Arizona for at least six months prior to filing.

You must file in the Superior Court of the county where either spouse resides, pursuant to A.R.S. Section 12-401.

Grounds for Divorce in Arizona

Arizona is a no-fault divorce state. For standard (non-covenant) marriages, the only ground required is that the marriage is "irretrievably broken" with no reasonable prospect of reconciliation. There is no need to prove fault, wrongdoing, or assign blame to either spouse.

However, if you entered into a covenant marriage, the rules are dramatically different. Under A.R.S. Section 25-903, the court may only grant a dissolution of a covenant marriage upon proof of one of the following specific grounds:

• The respondent spouse has committed adultery
• The respondent spouse has been convicted of a felony and sentenced to death or imprisonment
• The respondent spouse has abandoned the matrimonial domicile for at least one year and refuses to return
• The respondent spouse has physically or sexually abused the petitioning spouse, a child, or a relative permanently living in the home, or has committed domestic violence or emotional abuse
• The spouses have been living separate and apart continuously without reconciliation for at least two years
• The spouses have been living separate and apart continuously for at least one year from the date a decree of legal separation was entered
• The respondent spouse has habitually abused drugs or alcohol
• Both spouses mutually agree to the dissolution

Covenant marriages were introduced in Arizona in 1998 and represent fewer than 1% of all marriages in the state. To have entered a covenant marriage, both parties would have completed mandatory premarital counseling, signed a declaration of intent, and had their signatures witnessed by a court clerk (A.R.S. Section 25-901). If you are unsure whether your marriage is a covenant marriage, check your marriage license, which will indicate its status.

Types of Divorce: Contested vs. Uncontested

Divorces in Arizona generally fall into one of three procedural categories:

Uncontested Divorce (Consent Decree)

When both spouses agree on all terms, including property division, child custody, support, and any other issues, they may file a Consent Decree. After the mandatory 60-day waiting period, the court reviews the agreement and, if everything is in order, the judge signs the decree, often without requiring a hearing. Most uncontested divorces are finalized within 90 to 120 days from the initial filing.

Summary Consent Decree

Introduced in 2022 under A.R.S. Section 25-314.01, the Summary Consent Decree is the most streamlined divorce process in Arizona. If both spouses have reached a settlement on all issues before either party files, they may jointly file a petition stating that all issues are resolved. A key advantage is that the 60-day clock starts on the date of filing rather than the date of service, since both parties file simultaneously. The filing fee is also reduced, typically 50% of the combined petition and response fees. After 60 days, the court can enter a summary consent decree without a hearing.

Contested Divorce

When spouses cannot agree on one or more issues, the divorce becomes contested. This triggers a more extensive process involving discovery, mandatory disclosure, potential mediation, settlement conferences, and possibly trial. Contested divorces in Arizona typically take six months to a year at minimum, with complex, high-asset, or high-conflict cases stretching to two or three years.

Default Divorce

If the respondent spouse fails to respond within 20 days (30 days if served out of state) after being served, the petitioner may file an Application and Affidavit for Default. The respondent has an additional 10 business days to respond. If they still do not, the court may grant the divorce based on the terms requested in the petition, provided the 60-day waiting period has elapsed.

Property Division: Community Property Rules

Arizona is a community property state, and its property division framework is one of the most significant aspects of divorce in Arizona. Under A.R.S. Section 25-211, all property acquired during the marriage by the efforts of either party is presumed to be community property. This means both spouses own an undivided, equal share of the whole.

The court begins with a strong presumption that anything acquired during the marriage is community property. The spouse claiming a particular item is separate property bears the burden of proving otherwise.

Separate Property

Under A.R.S. Section 25-213, separate property consists of:

• Property owned by either spouse before the marriage
• Property acquired during the marriage by gift, devise (will), or descent (inheritance)
• Property acquired after service of a petition for dissolution

Separate property cannot be divided by the court and remains with its owner.

Community Debt

Under A.R.S. Section 25-318, debt incurred during the marriage is presumed to be community debt. Generally, the court divides community debt equally. Debt incurred by a spouse before the marriage remains the separate debt of that spouse.

The Drahos Calculation

A unique feature of Arizona property division law is the Drahos calculation, derived from the case Drahos v. Rens. When one spouse owns separate property (such as a home purchased before marriage) but community funds are used to make mortgage payments or improvements, the community estate is entitled to an equitable lien. The Drahos formula calculates the community's proportionate share of the property's appreciation, ensuring fair treatment when separate and community assets become intertwined ("commingled").

Commingling

Commingling occurs when separate property and community property are mixed together. When funds become commingled, there is a presumption that the entire account is community property. Tracing may be required to identify what portion remains separate property. It is critical to maintain careful records if you wish to preserve the separate character of certain assets.

Child Custody: Legal Decision-Making and Parenting Time

Arizona uses distinctive terminology for child custody matters. What most states call "legal custody" is termed "legal decision-making" in Arizona, and "physical custody" or "visitation" is called "parenting time."

Legal Decision-Making

Legal decision-making refers to a parent's authority to make major decisions regarding the child's upbringing, including education, healthcare, and religious training. Under A.R.S. Section 25-403.01, the court may order either sole or joint legal decision-making.

The court considers multiple factors under A.R.S. Section 25-403 when determining both legal decision-making and parenting time arrangements, all centered on the best interests of the child. These factors include:

• The past, present, and potential future relationship between each parent and the child
• The interaction and interrelationship of the child with parents, siblings, and other significant individuals
• The child's adjustment to home, school, and community
• If of suitable age and maturity, the wishes of the child
• The mental and physical health of all individuals involved
• Which parent is more likely to allow the child frequent, meaningful, and continuing contact with the other parent
• Whether one parent intentionally misled the court
• Whether there has been domestic violence or child abuse
• The nature and extent of coercion or duress used in obtaining custody agreements
• Whether either parent was convicted of false reporting of child abuse or neglect

Arizona courts do not show a preference based on a parent's or child's gender. The court's stated preference is to maximize each parent's parenting time and to provide for shared legal decision-making when it serves the child's best interests.

Parenting Plans

Under A.R.S. Section 25-403.02, if parents cannot agree on a plan, each parent must submit a proposed parenting plan. The court will adopt a plan that maximizes both parents' respective parenting time and provides for shared legal decision-making where appropriate. Shared legal decision-making does not necessarily mean equal parenting time.

Parenting plans must include at minimum:

• A designation of legal decision-making as joint or sole
• A description of each parent's rights and responsibilities for personal care and decisions
• A practical schedule of parenting time, including holidays and school vacations

Relocation

Under A.R.S. Section 25-408, if both parents have joint legal decision-making or parenting time and both reside in Arizona, a parent must provide at least 45 days' advance written notice before relocating with the child. The non-moving parent may petition to prevent the relocation within 30 days of receiving notice.

Child Support Guidelines

Arizona child support is governed by A.R.S. Section 25-320 and the Arizona Child Support Guidelines adopted by the Arizona Supreme Court. The guidelines follow the Income Shares Model, which considers the income of both parents and approximates the amount that would have been spent on the child if the family were intact.

Key features of the Arizona child support calculation:

• Both parents' gross incomes are disclosed, followed by applicable deductions
• Each parent's proportionate share of combined income determines their share of the basic child support obligation
• Adjustments are made for parenting time, childcare costs, medical insurance, and extraordinary expenses
• A Self-Support Reserve Test protects low-income parents from being pushed below poverty level
• The guidelines contain a presumptive adjusted combined income limit of $30,000 per month

The court may deviate from the guidelines if applying them would be inappropriate or unjust, considering factors such as the financial resources and needs of the child, the standard of living the child would have enjoyed in an intact home, and the physical and emotional condition of the child.

The Arizona Courts website provides an interactive Child Support Calculator at azcourts.gov.

Parents with children in Arizona must also complete a mandatory Parent Information Program class, which costs approximately $45 (A.R.S. Section 25-352).

Spousal Support (Maintenance)

In Arizona, alimony is called "spousal maintenance." It is not automatic and must be specifically requested. Under A.R.S. Section 25-319(A), a spouse seeking maintenance must first demonstrate eligibility by showing at least one of the following:

1. The spouse lacks sufficient property to provide for their reasonable needs
2. The spouse lacks earning ability in the labor market adequate to be self-sufficient
3. The spouse is the parent of a child whose age or condition requires them to stay home
4. The spouse made significant financial or other contributions to the other spouse's education, training, or career, or significantly reduced their own income or career opportunities for the other spouse's benefit
5. The marriage was of long duration and the spouse is of an age that may preclude gaining adequate employment

The 2022 Spousal Maintenance Guidelines

A significant development in Arizona family law occurred when A.R.S. Section 25-319 was amended effective September 24, 2022, directing the Arizona Supreme Court to establish formal Spousal Maintenance Guidelines. The Supreme Court approved these guidelines on June 30, 2023. The guidelines include a Spousal Maintenance Calculator that produces amount and duration ranges, designed to encourage self-sufficiency, achieve consistency, and promote settlements.

Under the guidelines, the court may award maintenance "only for a period of time and in an amount necessary to enable the receiving spouse to become self-sufficient." The calculated amount is presumptive unless the court finds in writing that applying the guidelines would be inappropriate or unjust.

The 13 statutory factors the court considers include:

• The standard of living established during the marriage
• The duration of the marriage
• The age, employment history, earning ability, and condition of the spouse seeking maintenance
• The ability of the paying spouse to meet their own needs while paying maintenance
• The comparative financial resources of both spouses
• Each spouse's contributions to the other's earning ability
• The extent to which the requesting spouse reduced their income for the other spouse's benefit
• The ability of both parties to contribute to children's future educational costs
• The financial resources of the requesting spouse
• Time necessary to acquire education or training for employment
• Excessive expenditures, destruction, or fraudulent disposition of community property
• Health insurance costs
• All actual damages from conduct resulting in criminal conviction

Importantly, spousal maintenance is ordered without regard to marital misconduct (A.R.S. Section 25-319(C)). Maintenance terminates if the receiving spouse remarries.

The Filing and Court Process: Step by Step

Here is a step-by-step overview of the Arizona divorce process:

1. Meet residency requirements: Confirm that at least one spouse has been domiciled in Arizona for 90 or more days.

2. Prepare and file the Petition for Dissolution of Marriage: File in the Superior Court of the county where either spouse resides. Pay the required filing fee. The clerk will assign a case number and process the original documents.

3. Automatic Preliminary Injunction: Upon filing, an automatic preliminary injunction goes into effect under A.R.S. Section 25-315, restraining both parties from disposing of marital property, removing children from the state, and other specified actions.

4. Serve the Respondent: The petitioner must have the respondent served with copies of the filed petition and summons. Service may be accomplished through a process server, the sheriff's office, certified mail (within Arizona), or the respondent may sign an Acceptance of Service. The respondent has 20 days to respond if served in Arizona (30 days if served out of state).

5. The 60-Day Waiting Period Begins: Under A.R.S. Section 25-329, the court cannot finalize the divorce until at least 60 days after service. During this period, either spouse may request conciliation services (free marital counseling through the court). Temporary orders for child custody, support, and living arrangements may be requested.

6. Mandatory Disclosure: Both parties must disclose all assets, debts, income, and expenses. Additional discovery (interrogatories, depositions, subpoenas) may be conducted in contested cases.

7. Negotiation and Settlement Attempts: Parties may engage in mediation, settlement conferences, or direct negotiation to resolve disputed issues.

8. Filing the Consent Decree or Proceeding to Trial: If agreement is reached, a Consent Decree is filed and submitted to the judge for approval. If no agreement is possible, the case proceeds to trial where the judge decides all contested issues.

9. Final Decree of Dissolution: The judge issues the Decree of Dissolution of Marriage, which finalizes the divorce and outlines all terms regarding property, custody, support, and other matters. The decree is legally binding unless appealed.

10. Post-Decree Matters: There is no post-divorce waiting period before either party may remarry in Arizona, though a copy of the divorce decree is required to apply for a new marriage license.

Timeline: From Filing to Final Decree

The timeline for divorce in Arizona varies significantly based on the type and complexity of the case:

• Summary Consent Decree: Minimum 60 days from filing (since both parties file together). Generally finalized within 75 to 90 days.
• Uncontested Divorce (Consent Decree): Minimum 60 days from service. Most cases finalize within 90 to 120 days, accounting for court processing time.
• Default Divorce: 60 days from service plus additional processing time (10 business days for the default application, then court review). Typically 90 to 150 days total.
• Contested Divorce: Six months to one year for moderately complex cases. High-asset or high-conflict cases may take one to three years.

Costs Breakdown

The total cost of divorce in Arizona depends heavily on whether the case is contested or uncontested.

Filing Fees

Filing fees vary by county. In Maricopa County, the filing fee for a Petition for Dissolution of Marriage is $349. Some counties impose different fees depending on whether children are involved (for example, $364 with children and $324 without children in Yuma County). Filing fees across all 15 Arizona counties generally range from $249 to $364. The respondent must also pay a separate fee to file a Response. As of early 2026. Verify current fees with your local clerk of court.

Attorney Fees

Attorney fees represent the largest portion of divorce costs. Hourly rates for Arizona family law attorneys typically range from $250 to $550 per hour. Initial retainers in the Phoenix and Maricopa County area commonly range from $5,000 to $15,000 per spouse.

Total Cost Estimates

• Uncontested DIY Divorce (no attorney): Filing fees plus incidental costs, potentially under $500 total
• Uncontested Divorce with Attorney Assistance: $2,500 to $7,500 per spouse
• Mediated Divorce: Varies based on mediator fees and complexity
• Contested Divorce (settled before trial): Approximately $14,500 per spouse on average
• Contested Divorce (goes to trial): Approximately $15,500 to $20,000+ per spouse

Additional Costs

• Parent Information Program class (required for parents): approximately $45
• Process server or sheriff service fees
• Mediation fees
• Child custody evaluations
• Discovery costs (depositions, subpoenas, expert witnesses)
• Costs for updating identity documents (driver's license, passport)

Unique Aspects of Arizona Divorce Law

Several features make divorce in Arizona distinct from other states:

• Community Property State: Arizona is one of only nine community property states. Unlike "equitable distribution" states, where a court divides property based on fairness, Arizona's default is a substantially equal (50/50) division of community assets and debts.

• Covenant Marriage: Arizona is one of only three states recognizing covenant marriages, which require specific fault-based grounds for divorce under A.R.S. Section 25-903.

• Spousal Maintenance Guidelines with Calculator: Since 2023, Arizona has had formal, court-adopted spousal maintenance guidelines with an online calculator, providing a degree of predictability uncommon in many states.

• Legal Decision-Making and Parenting Time Terminology: Arizona replaced the traditional terms "custody" and "visitation" to emphasize both parents' roles and reduce adversarial framing.

• No Gender Preference: Arizona law explicitly prohibits preferring a parent's proposed custody plan based on the parent's or child's gender (A.R.S. Section 25-403.02).

• Drahos Calculation: The Drahos formula for calculating community property liens on separate property assets is a distinctive feature of Arizona community property law.

• Summary Consent Decree (since 2022): Arizona offers a streamlined, reduced-fee process for couples who agree on all terms before filing (A.R.S. Section 25-314.01).

• Automatic Preliminary Injunction: Filing triggers an automatic injunction (A.R.S. Section 25-315) protecting marital property and children without either party needing to request it.

• Free Conciliation Services: Arizona courts offer free marital counseling during the 60-day waiting period to give couples the opportunity to reconcile.

• No Post-Divorce Waiting Period for Remarriage: Unlike some states, Arizona imposes no waiting period after the divorce is final before either party may remarry.

Frequently Asked Questions

Please see the FAQ section below for detailed answers to the most commonly asked questions about divorce in Arizona.