Do I need to prove my spouse did something wrong to get a divorce in Arizona?

No. Arizona is a pure no-fault divorce state for standard marriages. You only need to assert that the marriage is "irretrievably broken" under A.R.S. § 25-312, meaning there is no reasonable prospect of reconciliation. You do not need to prove fault such as adultery or cruelty.

How long do I have to live in Arizona before I can file for divorce?

At least one spouse must have been domiciled in Arizona (or stationed in the state as a member of the armed services) for a minimum of 90 days before filing the petition for dissolution. This requirement ensures the state has proper jurisdiction over the case.

How long does a divorce take in Arizona?

Arizona requires a mandatory 60-day waiting period after the petition is served before a divorce can be finalized. Uncontested divorces may be completed within 2 to 4 months, while contested cases can take 6 months to over a year depending on the complexity of the issues involved.

How much does it cost to file for divorce in Arizona?

The filing fee for a divorce in Arizona ranges from approximately $249 to $400 depending on the county, as of February 2026. Additional costs may include attorney fees, mediation expenses, and expert witness fees. Fee waivers or deferrals are available for those who qualify financially.

Is Arizona a 50/50 divorce state?

Arizona is a community property state, which means community assets and debts are generally divided substantially equally (close to 50/50) upon divorce. However, the court has discretion to deviate slightly from an exact equal split based on relevant factors such as excessive spending or waste of community assets.

How does child custody work in Arizona divorces?

Arizona uses the terms "legal decision-making" and "parenting time" rather than traditional custody terminology. Courts determine custody based on the best interests of the child, considering factors such as each parent's relationship with the child, stability, and any history of domestic violence. Arizona does not favor one parent over the other based on gender.

Will I receive spousal support (alimony) in my Arizona divorce?

Spousal maintenance is not automatic in Arizona. A spouse must first demonstrate eligibility under A.R.S. § 25-319, such as lacking sufficient property for reasonable needs or being unable to become self-sufficient. If eligibility is established, the court considers factors like the marriage's duration, each spouse's earning capacity, and the standard of living during the marriage to determine the amount and duration.

Divorce in Arizona: A Complete Guide

Q: How is property divided in an Arizona divorce?

Arizona is a community property state. Property acquired during the marriage is presumed to be jointly owned and is generally divided substantially equally between the spouses. Separate property — such as assets owned before marriage, gifts, or inheritances — is typically not subject to division.

Introduction

Filing for divorce is one of the most consequential legal decisions you may ever face, and understanding the laws specific to your state can make the process significantly less overwhelming. Arizona has its own unique framework governing the dissolution of marriage, including its status as both a no-fault divorce state and a community property state. These two features profoundly shape how divorces unfold in the Grand Canyon State.

Whether you are just beginning to consider divorce or have already made the decision to move forward, this guide will walk you through every essential aspect of the Arizona divorce process. From residency requirements and grounds for divorce to property division, child custody, spousal support, and the step-by-step filing process, you will find the foundational knowledge you need to navigate this challenging chapter with greater confidence.

Grounds for Divorce in Arizona

Arizona is a pure no-fault divorce state for standard (non-covenant) marriages. Under A.R.S. § 25-312, the only ground required to obtain a divorce is that the marriage is "irretrievably broken." This means there is no reasonable prospect of reconciliation between the spouses.

In practical terms, this means:

Neither spouse needs to prove wrongdoing. You do not need to demonstrate adultery, abandonment, cruelty, or any other fault-based ground.
One spouse's desire to end the marriage is generally sufficient. If one party believes the marriage is irretrievably broken, the court will typically accept that assertion.
Fault does not determine whether a divorce is granted. While misconduct may sometimes be relevant in other aspects of the case (such as child custody determinations involving domestic violence), it is not required to obtain the divorce itself.

Covenant Marriages

Arizona is one of a small number of states that recognizes covenant marriages, which are entered into voluntarily under A.R.S. § 25-901. Couples who chose a covenant marriage agreed to pre-marital counseling and accepted more limited grounds for divorce. If you are in a covenant marriage, grounds for divorce may include adultery, conviction of a felony, abandonment, physical or sexual abuse, living separately for a continuous period, habitual substance abuse, or mutual agreement to dissolve. If you are unsure whether you entered a covenant marriage, review your marriage license or consult with an attorney.

Residency Requirements

Before you can file for divorce in Arizona, you must meet the state's residency requirements. Under A.R.S. § 25-312, at least one spouse must have been:

Domiciled in Arizona for at least 90 days prior to filing the petition for dissolution of marriage, or
Stationed in Arizona as a member of the armed services for at least 90 days prior to filing.

"Domiciled" means more than simply being physically present in the state. It means that Arizona is your true, permanent home and you intend to remain there. If you recently relocated to Arizona, you will need to wait until you have established 90 days of domicile before initiating divorce proceedings.

Property Division

One of the most critical aspects of any Arizona divorce is the division of property and debts. Arizona is a community property state, which operates differently from the equitable distribution model used in most other states.

Community Property vs. Separate Property

Under A.R.S. § 25-211, all property acquired by either spouse during the marriage is presumed to be community property, regardless of whose name is on the title or who earned the income used to purchase it. Community property is generally divided substantially equally between the spouses upon divorce.

Separate property, on the other hand, belongs solely to the individual spouse and is not subject to division. Separate property typically includes:

Property owned by a spouse before the marriage
Gifts received by one spouse individually during the marriage
Inheritances received by one spouse during the marriage
Property designated as separate by a valid prenuptial or postnuptial agreement

How Division Works in Practice

The court aims for an equitable and substantially equal division of all community property and community debts. This can include real estate, bank accounts, retirement accounts, vehicles, business interests, credit card debt, and mortgages incurred during the marriage. If spouses cannot agree on how to divide property, the court will make the determination.

It is important to note that commingling separate property with community property can complicate matters. For example, if one spouse deposits an inheritance into a joint bank account and the funds become mixed with marital earnings, tracing the separate property can become difficult and may require forensic accounting.

Child Custody and Parenting Time

When minor children are involved, custody — referred to in Arizona as legal decision-making and parenting time — becomes a central focus of the divorce process.

Legal Decision-Making

Under A.R.S. § 25-401, legal decision-making authority refers to the right to make major decisions about a child's upbringing, including education, healthcare, religious training, and personal care. The court may award:

Joint legal decision-making, where both parents share the responsibility
Sole legal decision-making, where one parent has the authority

Parenting Time

Parenting time refers to the schedule that determines when each parent has physical custody of the child. Arizona courts generally favor maximizing each parent's time with the child, provided it serves the child's best interests.

Best Interests of the Child

All custody decisions in Arizona are guided by the best interests of the child standard under A.R.S. § 25-403. The court considers numerous factors, including:

The relationship between the child and each parent
The child's adjustment to home, school, and community
The mental and physical health of all parties
Which parent is more likely to allow frequent and meaningful contact with the other parent
Whether there has been any domestic violence or substance abuse
The child's wishes, if the child is of suitable age and maturity

Arizona courts do not give preference to one parent over the other based on gender.

Spousal Support (Alimony)

Spousal support, commonly known as spousal maintenance in Arizona, is not automatic. Under A.R.S. § 25-319, the court must first determine whether a spouse is eligible for maintenance before deciding the amount and duration.

Eligibility Factors

A spouse may be eligible for spousal maintenance if they:

Lack sufficient property to provide for their reasonable needs
Are unable to be self-sufficient through appropriate employment
Contributed to the educational opportunities of the other spouse
Had a marriage of long duration and are of an age that precludes gainful employment
Are the custodian of a child whose age or condition requires them to stay home

Amount and Duration

Once eligibility is established, the court considers multiple factors in determining the amount and duration of support, including:

The standard of living established during the marriage
The duration of the marriage
The age, employment history, earning ability, and physical and emotional condition of each spouse
The ability of the paying spouse to meet their own needs while making payments
Comparative financial resources of both parties

Spousal maintenance can be temporary (during the divorce proceedings), rehabilitative (for a set period to allow the recipient to become self-sufficient), or, in rare cases, indefinite.

Filing Process

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

Step 1: Prepare and File the Petition

The divorce process 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 outlines the basic facts of the marriage, identifies children and assets, and states the relief being sought.

Step 2: Serve the Other Spouse

After filing, the Petitioner must formally deliver (serve) the petition and related documents to the other spouse (the Respondent). Service must comply with Arizona rules and can be accomplished through a process server, sheriff, or acceptance of service.

Step 3: Response

The Respondent has 20 days (or 30 days if served outside Arizona) to file a written Response with the court. Failure to respond may result in a default judgment, meaning the court could grant the Petitioner's requests without the Respondent's input.

Step 4: Disclosure and Discovery

Both parties are required to exchange financial disclosures, including information about income, assets, debts, and expenses. This ensures that property division, support, and custody decisions are based on accurate and complete information.

Step 5: Negotiation or Mediation

Many Arizona divorces are resolved through negotiation, mediation, or collaborative law processes without going to trial. The court may also order the parties to attend mediation, particularly in custody disputes.

Step 6: Trial (If Necessary)

If the spouses cannot reach agreement on all issues, the case will proceed to trial, where a judge will make final decisions on contested matters.

Step 7: Decree of Dissolution

Once all issues are resolved — either by agreement or judicial decision — the court issues a Decree of Dissolution of Marriage, which is the final divorce order.

Timeline and Costs

Waiting Period

Arizona imposes a mandatory 60-day waiting period after service of the petition before a divorce can be finalized. This means that even in the most amicable and straightforward cases, the divorce cannot be completed in fewer than 60 days from the date the Respondent is served.

Typical Timeline

Uncontested divorces (where both parties agree on all issues) can often be finalized within 2 to 4 months.
Contested divorces (involving disputes over property, custody, or support) can take 6 months to over a year, or even longer in complex cases.

Costs

Filing fee: Approximately $249 to $400, depending on the county. (As of February 2026. Always verify with your local clerk of the Superior Court, as fees are subject to change.)
Attorney fees: Vary widely. An uncontested divorce with minimal assets may cost a few thousand dollars in attorney fees, while a highly contested divorce involving significant property or custody disputes can cost tens of thousands of dollars.
Mediation and expert fees: Additional costs may arise if the parties use mediators, financial experts, custody evaluators, or other professionals.
Fee waivers: If you cannot afford the filing fee, you may apply for a fee deferral or waiver through the court.

Practical Tips for Navigating an Arizona Divorce

Gather financial documents early. Collect tax returns, pay stubs, bank statements, mortgage documents, retirement account statements, and credit card statements before filing.
Protect your credit. Monitor joint accounts and consider freezing joint credit lines to prevent unexpected charges during the divorce process.
Prioritize your children's well-being. Arizona courts take the best interests of the child very seriously. Demonstrate your willingness to co-parent cooperatively.
Consider alternative dispute resolution. Mediation and collaborative divorce can save time, money, and emotional energy compared to litigation.
Consult with an attorney. Even if you plan to handle your divorce without a lawyer, an initial consultation can help you understand your rights and avoid costly mistakes.

Legal Disclaimer

This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws are complex and subject to change, and the specific facts of your situation may significantly affect your rights and obligations. The information in this guide is based on Arizona law as of early 2026 and may not reflect subsequent legislative or judicial changes. Filing fees and court procedures may vary by county. You should consult with a qualified Arizona family law attorney to obtain advice tailored to your individual circumstances. No attorney-client relationship is created by reading this guide.