Divorce without children in Arizona is the simplest form of dissolution, typically finalized in 90 to 120 days at a filing cost of roughly $376 for the petitioner. Arizona requires 90 days of residency under Ariz. Rev. Stat. § 25-312, imposes a mandatory 60-day waiting period under Ariz. Rev. Stat. § 25-329, and divides community property equitably under Ariz. Rev. Stat. § 25-318.
When a couple has no minor or dependent children, Arizona divorce strips away the most contentious and time-consuming issues: legal decision-making, parenting time, and child support. What remains is property division, debt allocation, and — in some cases — spousal maintenance. This guide explains the complete process for a childless divorce in Arizona, from residency and filing through the consent decree and final signature, with verified statutes and current fee figures.
Key Facts: Divorce Without Children in Arizona
| Factor | Arizona Rule |
|---|---|
| Filing Fee | $376 petitioner / $287 respondent (Maricopa County, as of Feb 2025) |
| Waiting Period | 60 days from date of service (A.R.S. § 25-329) |
| Residency Requirement | 90 days of domicile before filing (A.R.S. § 25-312) |
| Grounds | No-fault: marriage "irretrievably broken" (A.R.S. § 25-312) |
| Property Division Type | Community property, divided equitably (A.R.S. § 25-318) |
What Is a Divorce Without Children in Arizona?
A divorce without children in Arizona is a dissolution of marriage where the spouses share no minor or dependent children, eliminating custody and support issues from the case. Arizona law calls this proceeding a "dissolution of marriage," governed by Title 25 of the Arizona Revised Statutes. A childless divorce narrows the court's required findings under A.R.S. § 25-312 to residency, the irretrievable breakdown of the marriage, and equitable division of property and debt.
The absence of children matters enormously to timeline and cost. In a standard Arizona divorce, disputes over legal decision-making and parenting time drive most litigation, and child support calculations under the state guidelines add procedural steps. A no kids divorce process removes those entirely. For couples who also agree on how to split their assets and debts, the case can proceed as an uncontested dissolution — often finalized in roughly 90 to 120 days with no court appearance required. Even a childless divorce, however, must still satisfy Arizona's jurisdictional residency rule and the unwaivable 60-day cooling-off period before any decree can be signed.
Residency Requirement for Arizona Divorce
At least one spouse must have been domiciled in Arizona for a minimum of 90 continuous days before filing the petition, under A.R.S. § 25-312. This is a jurisdictional requirement — if it is not met, the Superior Court has no authority to grant the divorce, and the case will be dismissed. Military members stationed in Arizona for 90 days satisfy the requirement even without permanent domicile.
Domicile means more than physical presence. It requires that the person treats Arizona as their permanent home with intent to remain, distinguishing genuine residency from temporary presence for work or travel. Arizona courts, in Vilaysane v. Vilaysane, clarified that establishing domicile and maintaining domicile are two distinct concepts under A.R.S. § 25-312: physical presence is required to establish domicile, but once established, domicile continues until abandoned for a new one. Because a divorce without children involves no custody question, the six-month child-residency rule under the UCCJEA does not apply — a significant simplification. Only the 90-day adult residency threshold governs a childless case. If neither spouse meets it, some couples file for legal separation first and convert the case to dissolution once 90 days elapse.
How Much Does a Childless Divorce Cost in Arizona?
The filing fee for a divorce in Maricopa County is $376 for the petitioner and $287 for the respondent, as of February 2025. Verify with your local clerk, because fees change annually through Supreme Court Administrative Orders under A.R.S. § 12-284 and county board resolutions. A simple divorce with no children and full agreement can total under $700 in court costs; a contested case runs into the thousands.
Court filing fees are only one component. The base fees reflect the state "base" authorized by A.R.S. § 12-284, Arizona Code of Judicial Administration § 3-404, and Supreme Court Administrative Order 2024-210, plus any local fees added under A.R.S. § 11-251.08. Beyond filing, spouses may pay for a process server (typically $50 to $150), certified copies, and — if used — an attorney or document-preparation service. Couples who cannot afford the fees may apply for a fee waiver based on household income, or request a court payment plan. The table below breaks down typical cost ranges for a divorce no dependents case in Arizona.
| Cost Component | Uncontested (No Children) | Contested |
|---|---|---|
| Petitioner filing fee | ~$376 | ~$376 |
| Respondent response fee | ~$287 | ~$287 |
| Process server | $50–$150 | $50–$150 |
| Attorney fees | $0–$1,500 (flat/limited) | $5,000–$20,000+ |
| Total typical range | $700–$2,500 | $7,000–$30,000+ |
The Step-by-Step Arizona Divorce Process
A divorce without children in Arizona follows five core steps: filing the petition, serving the spouse, waiting the mandatory 60 days from service under A.R.S. § 25-329, resolving property and debt, and submitting the final decree. An uncontested childless divorce typically completes this sequence in 90 to 120 days, often with no hearing required.
The process begins when the petitioner files a Petition for Dissolution of Marriage (Without Children) with the Superior Court in the county of residence. Arizona provides self-service forms through the court's Law Library Resource Center. After filing, the petitioner must serve the respondent — through a process server, sheriff, or an Acceptance of Service signed voluntarily. Service triggers the 60-day clock under A.R.S. § 25-329; weekends and holidays count, and the period cannot be shortened or waived even in a fully agreed case. During the waiting period, spouses negotiate the division of community property and debts. Once terms are settled, they submit a Consent Decree. In most uncontested cases, the court reviews the paperwork and enters the decree without a hearing, though a judge may require a brief appearance to confirm the agreement is fair. The marriage legally ends the day the judge signs the decree.
Grounds for Divorce in Arizona
Arizona is a pure no-fault state: to end a standard marriage, one spouse need only assert that the marriage is "irretrievably broken" under A.R.S. § 25-312, with no requirement to prove wrongdoing. Marital misconduct such as adultery does not affect the grant of divorce, property division, or spousal maintenance in a standard (non-covenant) dissolution.
The single exception involves covenant marriage. Couples who chose a covenant marriage at the time of their wedding, under A.R.S. § 25-901, must prove specific statutory grounds under A.R.S. § 25-903 — such as adultery, abandonment for at least one year, a felony conviction, domestic violence, or a lengthy separation — before a court will dissolve the marriage. Covenant marriages are rare, representing a small fraction of Arizona unions. For the overwhelming majority of childless divorces, the no-fault standard applies: if one spouse denies under oath that the marriage is irretrievably broken, A.R.S. § 25-312 directs the court to hold a hearing and consider the prospects of reconciliation, but a determined petitioner is rarely prevented from obtaining a divorce.
Property Division in an Arizona Divorce
Arizona is a community property state, and under A.R.S. § 25-318 the court divides community property equitably — starting from a presumption that each spouse owns 50 percent of assets acquired during the marriage. "Equitable" usually means roughly equal, but Arizona courts retain discretion to deviate based on the facts. Separate property owned before marriage or received by gift or inheritance is assigned to its owner.
Under A.R.S. § 25-318, the court first assigns each spouse's sole and separate property, then divides community, joint-tenancy, and other common property equitably, without regard to marital misconduct. The Arizona Supreme Court in Toth v. Toth confirmed that an equal split is not always equitable — the court decides fairness based on each case's facts. For couples who relocated to Arizona, the "quasi-community property" rule applies: assets acquired in another state during the marriage are treated as community property if they would have qualified had they been acquired in Arizona. This affects spouses who moved from equitable-distribution states. Debts are handled the same way, but a court's debt-allocation order binds only the spouses — not creditors, who may still pursue either party. Limited misconduct exceptions exist for waste, fraud, or destruction of shared property.
Spousal Maintenance in a Childless Divorce
A divorce without children does not eliminate spousal maintenance (alimony), which the court may award under A.R.S. § 25-319 if the requesting spouse lacks sufficient property or earning ability for self-sufficiency. Since September 1, 2025, judges apply the Arizona Supreme Court's Spousal Maintenance Guidelines to set the amount and duration, aiming to help the receiving spouse become self-sufficient.
Maintenance eligibility under A.R.S. § 25-319 requires meeting at least one of five statutory grounds: lacking sufficient property for reasonable needs, lacking earning ability for self-sufficiency, having a parental duty that makes employment inappropriate, contributing significantly to the other spouse's career, or being in a long marriage at an age preventing self-supporting employment. A 2022 amendment (effective September 24, 2022) refocused maintenance toward rehabilitation — awarding support "only for a period of time and in an amount necessary" for self-sufficiency. Once eligibility is established, the court weighs thirteen factors, including the marital standard of living, marriage duration, each spouse's earning ability, and health-insurance costs. Fault is irrelevant: a judge determines maintenance without regard to marital misconduct. Unless the parties agree otherwise, maintenance ends automatically on the death of either spouse or the remarriage of the recipient.
Uncontested vs. Contested Divorce in Arizona
An uncontested divorce without children in Arizona — where both spouses agree on property and debt — typically finalizes in 90 to 120 days for well under $2,500, often without a court appearance. A contested case, by contrast, can stretch from six months to several years and cost $7,000 to $30,000 or more, driven by disputes over asset valuation, spousal maintenance, or hidden property.
The distinction turns entirely on agreement. In a childless uncontested divorce, the spouses submit a Consent Decree resolving every issue, and the court usually enters it after the 60-day period under A.R.S. § 25-329 without a hearing. Arizona also offers a Summary Consent Decree process under A.R.S. § 25-314.01 and Rule 45.1, enacted in 2022, which lets fully-agreed couples file jointly — starting the 60-day clock on the filing date rather than the service date and saving several weeks. A contested divorce requires disclosure, discovery, negotiation, and potentially trial. Because a no-children case removes custody and support fights, most childless Arizona divorces settle without litigation, making the simple divorce no children path realistic for the majority of separating couples.