Divorce Checklist for Arizona

Under A.R.S. § 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. Domicile requires both physical presence in the state and an intent to remain indefinitely — a temporary job assignment does not qualify. Military personnel stationed in Arizona for 90 or more days also satisfy this requirement. If minor children are involved, the children must have resided in Arizona for at least six months before filing to establish jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). You file in the Superior Court of the county where you reside. Gather proof of residency such as an Arizona driver's license, utility bills, lease agreement, or property tax records, though in most uncontested cases you will simply testify under oath that you meet the 90-day requirement.

Before filing, collect all documents you will need for the Affidavit of Financial Information (AFI) required under Rule 49 of the Arizona Rules of Family Law Procedure. This includes three years of complete federal and state tax returns with all W-2s, 1099s, and K-1 schedules, as well as year-end income information if returns for the most recent year have not yet been filed. Compile six months of bank statements for every account in which either spouse has an interest, retirement account statements (401(k), IRA, pension), life insurance policies, real estate deeds, vehicle titles, and credit card statements. Arizona is a community property state under A.R.S. § 25-211, meaning assets acquired during the marriage are presumed jointly owned. Organizing these records now will expedite the mandatory disclosure process and help ensure an equitable property division under A.R.S. § 25-318.

Arizona uses different form packets depending on whether your marriage involves minor children (under age 18) who are natural or adopted children common to both spouses. If children are involved, you must use the DRDC1 packet (Petition for Dissolution with Minor Children), which includes additional mandatory forms: the Affidavit Regarding Minor Children, a proposed Parenting Plan under A.R.S. § 25-403.02, a Parents' Worksheet for Child Support calculated under the Arizona Child Support Guidelines (A.R.S. § 25-320), and the Order and Notice to Attend the Parent Information Program under A.R.S. § 25-352. If no minor children are involved, use the DRDA1 packet (Petition for Dissolution without Minor Children). This determination also affects the UCCJEA six-month residency requirement for child custody jurisdiction, filing fees in some counties, and whether the court will order a parenting class.

Arizona law requires that before filing for dissolution, you must have either attempted to resolve marital issues through the court's Conciliation Services or determined that such efforts would be pointless. The Petition for Dissolution asks you to certify one of these options under A.R.S. § 25-381.09. Each Arizona county operates a Conciliation Court that offers free or low-cost counseling and mediation services. If minor children are involved and you and your spouse cannot agree on a parenting plan, custody, or parenting time, the court may require mandatory mediation or participation in conciliation services before proceeding to trial. Mediation is confidential under Arizona Rules of Family Law Procedure Rule 67(A), and any agreements reached can become part of your consent decree. Exploring these options before filing can reduce legal costs and emotional conflict significantly, and courts look favorably on good-faith efforts to settle.

Complete all forms in the appropriate packet from the Arizona Courts Self-Service Center at azcourts.gov/selfservicecenter/Family-Law-Forms. For divorce without minor children, use the DRDA1 packet, which includes: the Petition for Dissolution of a Non-Covenant Marriage (DRDA1f), Family Court Sensitive Data Cover Sheet (DRSDS10f), Summons, Preliminary Injunction (DR14f), Notice of Rights About Health Insurance Coverage (DRD16f), and Credit Notice. For divorce with minor children, use the DRDC1 packet, which adds: the Affidavit Regarding Minor Children, Parenting Plan, Parents' Worksheet for Child Support, and Order and Notice to Attend Parent Information Program (DR12f). The Petition must be notarized — most Arizona courthouses offer free notarization at the Clerk's office. Prepare the original plus two complete copies of all forms, excluding instruction pages.

File your completed and notarized Petition packet with the Clerk of the Superior Court in the county where you reside. The filing fee is $330.00 (Class A filing fee — amount may vary slightly by county). Payment methods typically include cash, check, money order, or credit card. If you cannot afford the filing fee, you may apply for a fee waiver or deferral using the Fee Waiver and Deferral Application, available at azcourts.gov/courtfilingfees/Fee-Waivers-and-Deferrals. Eligibility is generally set at 150% of the federal poverty level. Upon filing, the Clerk will issue a case number, file-stamp your documents, and issue the Summons. The Preliminary Injunction under A.R.S. § 25-315 takes effect immediately against you (the Petitioner) upon filing — it prohibits transferring or concealing community property, removing children from the state, and canceling insurance coverage.

After filing, you must formally serve your spouse with a copy of all filed documents within 120 days under the Arizona Rules of Family Law Procedure. There are three primary methods of service. First, Acceptance of Service: your spouse voluntarily signs a notarized Acceptance of Service form, which is the simplest and least expensive option. Second, personal service by a registered process server or sheriff's deputy — the server must be at least 21 years old and not a party to the case. Third, service by publication in a county newspaper once per week for four consecutive weeks if your spouse cannot be located, with service complete 30 days after the first publication. Once your spouse is served, the Preliminary Injunction under A.R.S. § 25-315 becomes effective against them, and the mandatory 60-day waiting period under A.R.S. § 25-329 begins.

After service, the respondent (your spouse) has exactly 20 days to file a written Response with the court, exclusive of the date they were served. If the respondent was served outside Arizona, the deadline extends to 30 days. The Response is filed using form DRDA31f (without children) or DRDC31f (with children). If your spouse does not file a Response within the required period, you may file an Application and Affidavit for Entry of Default with the Clerk's office — this can be filed on day 24 for in-state service or day 34 for out-of-state service, counting from the date of service plus an additional 4 calendar days for mailing. A default allows you to proceed without your spouse's participation, though the court must still approve all terms. If your spouse does file a Response, the case becomes contested and both parties must proceed with mandatory disclosure.

Within 40 days of filing a Response, both parties must exchange mandatory financial disclosures under Rule 49 of the Arizona Rules of Family Law Procedure. The centerpiece is the Affidavit of Financial Information (AFI), a 12-page document covering employment history, education, current earnings, income from all sources, and estimated monthly expenses. The AFI must be filed with the Clerk of Superior Court — unlike other disclosure documents, which are only exchanged between parties. Alongside the AFI, you must provide: complete tax returns with W-2s, 1099s, and K-1s for the past three calendar years; proof of child support or spousal maintenance from prior orders; medical insurance premiums for children; childcare expenses; six months of bank statements; retirement and pension statements; real estate deeds; and life insurance documents. Failure to provide required disclosures may result in sanctions, payment of the other party's attorney fees, or exclusion of evidence at trial.

Under A.R.S. § 25-352, both parents must complete a court-approved Parent Information Program (PIP) class when the dissolution involves natural or adopted minor children common to both parties. Unless the judge orders otherwise, each parent must attend and complete the class within 45 days of filing or being served with the Petition. The program educates parents about the impact of divorce on children, the importance of continued involvement of both parents, and the effects of parental conflict on child well-being. Each county administers its own version of the program. Parents must attend separate classes unless both request to attend together. The class fee is up to $50 per person, payable to the Clerk of Superior Court. If your court filing fees have been waived or deferred, you may also obtain a waiver of the PIP class fee. Failure to complete the class may result in the judge refusing to sign your final papers or denying requested modifications.

During the mandatory 60-day waiting period under A.R.S. § 25-329, work with your spouse to reach agreement on all issues: property division under A.R.S. § 25-318 (Arizona is a community property state with equitable division), spousal maintenance under A.R.S. § 25-319, child custody (legal decision-making and parenting time) under A.R.S. § 25-403, and child support under the Arizona Child Support Guidelines (A.R.S. § 25-320). If both parties agree on all terms, you can submit a Consent Decree (form DR71f), which is the fastest path to finalization. If you cannot agree, the court may require mediation or an Early Resolution Conference. Maricopa County mandates virtual Early Resolution Conferences with a Family Law Case Manager for self-represented parties. If mediation fails, the case proceeds to a Resolution Management Conference and eventually trial, where a judge decides all disputed issues.

Once the 60-day waiting period has elapsed under A.R.S. § 25-329, the court can schedule a final hearing to enter the Decree of Dissolution of Marriage. For uncontested divorces, this hearing is typically brief — the judge confirms both parties agree to the terms, verifies residency, and reviews the proposed decree. In default cases, only the Petitioner attends. The judge must find that the marriage is irretrievably broken under A.R.S. § 25-312, that residency requirements are satisfied, and that the terms of the decree are fair and lawful. For contested cases, a full trial may be required where both parties present evidence and testimony. Once the judge signs the Decree of Dissolution (form DRDA81f without children or DRDC81f with children), your divorce is final. The decree outlines all terms including property division, spousal maintenance, child custody, parenting time, and child support.

After the judge signs your Decree of Dissolution, several administrative steps are necessary to implement the divorce terms. File a certified copy of the decree with the county recorder if real property was divided. Update the title and registration for any vehicles transferred under the decree. Notify your employer and benefits administrator to update tax withholding status, health insurance coverage, and retirement account beneficiaries — you have 60 days to make COBRA elections if you are losing coverage through your spouse's employer plan under the Notice of Rights About Health Insurance Coverage (DRD16f). Update your Arizona driver's license and Social Security card if you are resuming a prior name. Close or separate joint bank accounts and credit cards as specified in the decree. If the decree includes a Qualified Domestic Relations Order (QDRO) for dividing retirement accounts, file it with the retirement plan administrator. Update your estate planning documents including wills, trusts, and powers of attorney.