Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Arizona Divorce Law
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Arizona family law is subject to change. Consult a licensed Arizona attorney for advice specific to your situation.
Answer: How Long Does Divorce Take in Arizona?
In Arizona, the absolute minimum divorce timeline is 60 days from the date your spouse is served with divorce papers, as mandated by A.R.S. section 25-329. In practice, an uncontested divorce typically takes 90 to 120 days, while a contested divorce may take 6 to 18 months or longer depending on complexity. Factors such as children, property disputes, and court scheduling all affect the divorce duration.
Understanding Arizona Divorce Law: The Basics
Arizona refers to divorce as a "dissolution of marriage." The state operates under a no-fault system, meaning neither spouse must prove the other did something wrong to obtain a divorce. Instead, the petitioner need only assert that the marriage is "irretrievably broken," meaning there is no reasonable prospect of reconciliation. This framework is governed by Arizona Revised Statutes (A.R.S.) Title 25, Chapter 3, Article 2, specifically sections 25-311 through 25-381.24.
The only exception to the no-fault rule applies to covenant marriages, which impose additional requirements and grounds for dissolution under A.R.S. section 25-903. We discuss covenant marriages in greater detail below.
Arizona is also a community property state. This means most assets and debts acquired during the marriage are considered jointly owned and must be equitably divided during the divorce process.
Residency Requirements: Can You File in Arizona?
Before you can file a Petition for Dissolution of Marriage in Arizona, you must satisfy the state's residency requirement. Under A.R.S. section 25-312, at least one spouse must have been domiciled in Arizona for a minimum of 90 days before filing. "Domiciled" means more than simply being physically present; it requires that Arizona be your permanent home, with the intent to remain.
Key points about Arizona's residency rule:
- Either spouse can satisfy the 90-day requirement; both need not be Arizona residents.
- Military members stationed in Arizona for 90 continuous days satisfy the requirement, even if their legal domicile is in another state.
- If neither spouse meets the 90-day threshold, the court lacks jurisdiction and will dismiss the petition.
- The divorce petition is filed in the Superior Court in the county where either party resides, per A.R.S. section 12-401.
If minor children are involved, additional jurisdictional rules apply. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the Arizona court generally must find that Arizona is the child's "home state" (where the child has lived for the most recent six months) before it can make custody and child support determinations.
The 60-Day Mandatory Waiting Period
One of the most important factors in understanding how long divorce takes in Arizona is the mandatory 60-day waiting period. Under A.R.S. section 25-329, the court cannot hold a hearing or enter a final divorce decree until at least 60 days have elapsed after the date the respondent is served with the divorce petition (or signs an acceptance of service).
This cooling-off period applies to every divorce in Arizona, including cases where both spouses agree on all terms. It cannot be shortened or waived.
However, the 60-day waiting period does not mean nothing can happen during those two months. During this time, parties can:
- Request temporary orders for child custody, spousal support, and living arrangements
- Begin gathering and exchanging financial documents (Arizona's Rule 49 requires extensive disclosure)
- Engage in mediation or settlement negotiations
- Serve and respond to discovery requests
A common misconception is that the divorce is automatically finalized on day 61. In reality, day 61 is simply when the court becomes eligible to sign the decree. The actual date of finalization depends on whether all paperwork has been submitted and whether the judge has reviewed and approved the decree. In busy counties like Maricopa, it may take an additional two to three weeks after the waiting period for a judge to sign the final decree.
Divorce Timeline: Uncontested vs. Contested
How long does divorce take in Arizona? The answer depends largely on whether your divorce is uncontested or contested.
Uncontested Divorce Timeline
An uncontested divorce occurs when both spouses agree on all key issues, including property division, child custody, child support, and spousal maintenance. This is the fastest path to finalizing a divorce in Arizona.
Typical timeline: 60 to 120 days
- Filing the Petition: One spouse (the petitioner) files a Petition for Dissolution of Marriage with the Superior Court in the county where either party resides. There are separate forms depending on whether children are involved.
- Service of Process: The petition must be served on the other spouse (the respondent) through an approved process server, certified mail, or the respondent may sign an Acceptance of Service. The respondent has 20 days to file a response if served within Arizona, or 30 days if served out of state.
- Waiting Period: The 60-day clock begins on the date of service or acceptance of service.
- Consent Decree: If both parties agree on all terms, they file a consent decree outlining the settlement. After the 60-day period, the judge reviews and signs the decree.
- Finalization: The divorce is final once the judge signs the decree.
Summary Consent Decree (Fastest Option)
Introduced in 2022, the Summary Consent Decree is Arizona's most streamlined divorce process. It allows couples who agree on all terms before filing to submit their paperwork together. A key advantage is that the 60-day waiting period starts on the date of filing rather than the date of service, since both parties sign the initial petition and response simultaneously, potentially saving several weeks.
Contested Divorce Timeline
A contested divorce occurs when the spouses disagree on one or more issues. This type of divorce requires more court involvement and takes significantly longer.
Typical timeline: 6 to 18 months (or longer)
- Filing and Service: Same initial steps as an uncontested divorce.
- Response: The respondent files a response disputing some or all terms within 20 days (in-state) or 30 days (out-of-state).
- Temporary Orders: Either party may request temporary orders addressing custody, support, and property matters while the case is pending.
- Discovery: Both parties exchange financial information, documents, and other relevant evidence. This phase can take several months.
- Mediation: Arizona courts often encourage or order mediation to help resolve disputes before trial.
- Early Resolution Conference (ERC): For self-represented parties, the Maricopa County Superior Court and other counties offer Early Resolution Conferences with a Family Law Case Manager to help parties reach agreement.
- Trial: If the parties cannot resolve all issues, the case proceeds to trial where a judge makes the final decisions. Depending on the court's calendar, it may take months to obtain a trial date.
- Decree: After trial, the judge typically must issue a final ruling and sign the decree within 60 days of the trial's conclusion or the final submission of evidence.
Default Divorce Timeline
If the respondent fails to file a response within the allowed time, the petitioner may apply for a default divorce. After filing an Application and Affidavit for Default, the petitioner must wait 10 additional days. If no response is filed, the court may schedule a default hearing and finalize the divorce on the petitioner's proposed terms, provided the 60-day waiting period has been satisfied.
Typical timeline: 90 to 120 days
Factors That Affect How Long Divorce Takes in Arizona
Several factors influence the divorce duration beyond the type of divorce:
- Children: Cases involving minor children require parenting plans, child support calculations, and sometimes custody evaluations. Parents must also complete a mandatory Parent Information Program class (A.R.S. section 25-352).
- Complex Property: High-asset divorces involving real estate, business interests, retirement accounts, or substantial debts require more discovery, expert analysis, and negotiation time.
- Spousal Maintenance Disputes: Disagreements about alimony can add months to the process, particularly with the new guidelines effective September 1, 2025.
- Court Backlog: Each county's caseload and scheduling capacity vary. Urban courts like Maricopa County may have longer wait times for hearings and trial dates.
- Cooperation Between Parties: Spouses who communicate effectively and negotiate in good faith resolve cases more quickly than those engaged in high-conflict litigation.
- Attorney Involvement: While not required, having experienced legal representation can streamline the process and help avoid procedural delays.
Covenant Marriages: A Different Timeline
Arizona is one of only a few states that recognize covenant marriages, codified under A.R.S. sections 25-901 through 25-906. Couples who entered a covenant marriage agreed to additional formalities, including premarital counseling and a declaration of intent to be bound for life.
Dissolving a covenant marriage requires proving specific grounds under A.R.S. section 25-903, including:
- Adultery by the respondent spouse
- Commission of a felony resulting in imprisonment
- Abandonment of the marital home for at least one year
- Physical or sexual abuse of a spouse, child, or relative
- Living separate and apart for at least two continuous years
- Living separate and apart for at least one year after a decree of legal separation
- Habitual abuse of drugs or alcohol
- Both spouses agreeing to the dissolution
Because of the requirement to prove specific grounds and the potential need for counseling, covenant marriage divorces typically take longer than standard dissolutions. If the ground is two years of separation, the divorce timeline extends by at least that period before a decree can be entered.
Filing Fees and Court Costs
The cost of filing for divorce in Arizona varies by county. As of February 2026, the filing fee for a Petition for Dissolution of Marriage generally ranges from approximately $249 to $364, depending on the county and whether children are involved. For example, in Maricopa County (Phoenix), the filing fee is $349. Some counties like Yuma charge $364 with children and $324 without. In Apache County, the fee is $256. The respondent also pays a separate fee to file a response.
As of February 2026. Verify current fees with your local clerk of the Superior Court before filing.
Additional costs may include:
- Process server fees: $16 to several hundred dollars, depending on the method of service
- Parent Information Program class: approximately $45 per parent
- Mediation fees: a few hundred dollars per hour
- Attorney fees: Arizona attorneys typically charge $250 to $550 per hour, with retainers ranging from $5,000 to $15,000
If you cannot afford the filing fee, you may qualify for a fee waiver (also called a fee deferral). Check the Arizona Judicial Branch website (https://www.azcourts.gov) for eligibility information and application forms.
2025 Arizona Family Law Updates
Several significant changes to Arizona family law took effect in 2025 that may impact your divorce:
- Revised Spousal Maintenance Guidelines: The Arizona Supreme Court enacted substantial revisions to the Spousal Maintenance Guidelines, effective September 1, 2025. Courts now evaluate a broader array of factors, including career sacrifices made during the marriage and realistic future earning potential. The updated guidelines also change how income is assessed, including new rules for overtime pay, income-producing property, and retirement assets.
- Updated Child Support Calculations: New formulas for calculating child support were also implemented in 2025 to better reflect current living costs and healthcare expenses.
These changes apply to all new divorce filings and modifications on or after their effective dates. If you are currently going through a divorce or considering filing, it is important to understand how these updates may affect spousal maintenance and child support outcomes in your case.
Step-by-Step: The Arizona Divorce Process
Here is a summary of the complete process from start to finish:
- Confirm Residency: Ensure at least one spouse has been domiciled in Arizona for 90 or more days.
- Prepare Your Petition: Complete the Petition for Dissolution of Marriage. Arizona courts provide self-help forms for those filing without an attorney. Use the correct form (with or without children).
- File with the Superior Court: Submit your petition and supporting documents to the Clerk of the Superior Court in the appropriate county. Pay the required filing fee.
- Serve Your Spouse: Arrange for your spouse to be served with the petition through a process server, sheriff, certified mail, or have them sign an Acceptance of Service.
- Wait for a Response: The respondent has 20 days (in-state) or 30 days (out-of-state) to respond.
- Observe the 60-Day Waiting Period: The court cannot finalize the divorce until 60 days after service.
- Negotiate and Resolve: Work toward agreement on property division, custody, support, and other issues through direct negotiation, mediation, or the court's Early Resolution Conference program.
- File the Consent Decree or Proceed to Trial: If all issues are resolved, file a consent decree. If not, prepare for trial.
- Obtain Your Final Decree: The judge reviews and signs the decree, officially ending the marriage.
Helpful Resources
- Arizona Judicial Branch: https://www.azcourts.gov
- Maricopa County Superior Court, Family Department: https://superiorcourt.maricopa.gov/departments/superior-court/family/divorce-legal-separation/
- Arizona Court Help (Self-Service Center): https://azcourthelp.org
- Arizona Revised Statutes, Title 25: https://www.azleg.gov/arsDetail/?title=25
Frequently Asked Questions
The FAQ section below addresses the most common questions about how long divorce takes in Arizona and related process details.
Q1: What is the minimum time to get a divorce in Arizona?
The absolute minimum is 60 days. Under A.R.S. section 25-329, the court cannot finalize a divorce until at least 60 days after the respondent is served or accepts service. Even if both spouses agree on every issue, this cooling-off period cannot be waived. In practice, the fastest uncontested divorces typically take 90 to 120 days when you account for court processing time and the judge's review schedule.
Q2: How long does a contested divorce take in Arizona?
A contested divorce in Arizona typically takes 6 to 18 months, but highly complex cases involving substantial assets, business valuations, or custody disputes can take even longer. The timeline depends on discovery duration, the availability of trial dates, whether mediation is successful, and how quickly the parties can narrow their areas of disagreement.
Q3: What are Arizona's residency requirements for divorce?
Under A.R.S. section 25-312, at least one spouse must have been domiciled in Arizona for a minimum of 90 days before filing a Petition for Dissolution of Marriage. Military members stationed in Arizona for 90 continuous days also satisfy this requirement. If minor children are involved, the court generally needs the children to have resided in Arizona for at least six months to exercise jurisdiction over custody matters under the UCCJEA.
Q4: How much does it cost to file for divorce in Arizona?
Filing fees range from approximately $249 to $364 depending on the county and whether children are involved. In Maricopa County, the filing fee is currently $349. The respondent pays a separate, lower fee to file a response. Additional costs may include process server fees, mediation costs, and attorney fees. As of February 2026. Verify with your local clerk.
Q5: Can I get a divorce in Arizona without a lawyer?
Yes. Arizona allows self-representation in divorce cases. The Arizona courts provide self-help forms and resources through their Self-Service Center at https://azcourthelp.org. However, if your divorce involves complex property, children, spousal maintenance, or contested issues, consulting with a licensed Arizona family law attorney is strongly recommended to protect your rights and interests.
Q6: What is a Summary Consent Decree?
A Summary Consent Decree, introduced in 2022, is Arizona's fastest divorce option for couples who agree on all terms before filing. Both spouses sign and submit the petition and response together. The key advantage is that the 60-day waiting period begins on the date of filing rather than the date of service, since no separate service of process is required. This can save several weeks compared to the traditional uncontested process.
Q7: What happens if my spouse does not respond to the divorce petition?
If your spouse fails to respond within 20 days of being served (or 30 days if out of state), you may apply for a default divorce. After filing an Application and Affidavit for Default and waiting an additional 10 days, the court may grant the divorce on your proposed terms. The 60-day waiting period must still be satisfied before the court can enter the final decree.
Q8: Does Arizona require grounds for divorce?
For standard (non-covenant) marriages, Arizona is a no-fault state. You need only state that the marriage is "irretrievably broken" with no reasonable prospect of reconciliation. For covenant marriages, A.R.S. section 25-903 requires the petitioner to prove specific grounds such as adultery, felony conviction, abandonment for one year, domestic abuse, habitual substance abuse, two years of separation, or mutual agreement to dissolve.
Q9: What changed in Arizona divorce law in 2025?
The most significant 2025 changes involve revised Spousal Maintenance Guidelines (effective September 1, 2025) and updated child support calculations. The new spousal maintenance guidelines require courts to consider a wider range of factors, including career sacrifices during the marriage and realistic earning potential. The child support formulas were also updated to reflect current living costs and healthcare expenses.
Q10: Can I speed up my divorce in Arizona?
While you cannot eliminate the mandatory 60-day waiting period, you can take steps to minimize the overall divorce timeline. Use the Summary Consent Decree process if you and your spouse agree on all terms. File all required paperwork promptly and completely. Engage in mediation early to resolve disputes. Ensure full financial disclosure under Rule 49 as quickly as possible. Choosing cooperation over conflict is the single most effective way to shorten the divorce duration in Arizona.