Arizona Revised Statutes Title 25 — Marital and Domestic Relations

Arizona is a no-fault divorce state. The only ground for dissolution is that the marriage is 'irretrievably broken,' meaning there is no reasonable prospect of reconciliation. If both spouses agree or one states it and the other doesn't deny it, the court accepts that finding. If one spouse denies it, the court holds a hearing and may order up to 60 days of conciliation before ruling.

Effective: 2025

Sets out what must be included in a divorce petition: domicile length, marriage date and location, whether it is a covenant marriage, names and birth dates of all children, and any agreements on support, legal decision-making, or parenting time. The petition must allege the marriage is irretrievably broken. One spouse must have lived in Arizona for at least 90 days before filing.

Effective: 2025

Arizona is one of only three states recognizing covenant marriages. Couples must sign a declaration of intent, receive premarital counseling, and acknowledge that divorce requires specific fault-based grounds. Covenant marriages cannot be dissolved under the standard no-fault 'irretrievably broken' ground — they require proof of specific grounds listed in § 25-903.

Effective: 2025

To dissolve a covenant marriage, a spouse must prove one of several fault-based grounds: adultery, felony conviction with death or imprisonment, abandonment for at least one year, physical or sexual abuse, living separate and apart continuously for at least two years, habitual abuse of drugs or alcohol, or mutual agreement. The court cannot grant dissolution without finding one of these statutory grounds.

Effective: 2025

Arizona is a community property state. All property acquired by either spouse during the marriage is community property, with two exceptions: property received by gift, inheritance, or devise, and property acquired after service of a divorce petition. Property acquired before marriage remains separate. Service of the petition creates a cutoff date — earnings and acquisitions after that point are separate.

Effective: 2025

The court must assign each spouse's sole and separate property to that spouse, then divide community property equitably — though not necessarily in equal halves or in kind. The court divides property 'without regard to marital misconduct.' However, the court may consider criminal conduct where one spouse was the victim, as well as excessive spending, destruction, concealment, or fraudulent disposition of community assets. Property acquired outside Arizona is treated as community property if it would have been community property had it been acquired in Arizona.

Effective: 2025

Courts cannot consider federal disability benefits awarded to a veteran for service-connected disabilities when dividing property. The court also cannot order compensation to a spouse for any waiver or reduction in military retirement pay that results from the veteran receiving disability benefits. This protects veterans' VA disability compensation from being treated as divisible community property.

Effective: 2025

Spouses may enter into a written separation agreement covering property division, maintenance, child support, and parenting arrangements. Property terms in the agreement are binding on the court unless found unfair considering the parties' economic circumstances. Once incorporated into the decree, property terms generally cannot be modified. Maintenance and child-related terms remain modifiable unless the agreement specifically bars maintenance modification.

Effective: 2025

All custody decisions must serve the child's best interests. The court weighs multiple factors including each parent's past and potential future relationship with the child, the child's adjustment to home, school, and community, the child's wishes (if of suitable age), the mental and physical health of all involved, and which parent is more likely to allow frequent, meaningful contact with the other parent. The court must make specific findings on all relevant factors in contested cases.

Effective: 2025

The court decides whether to award sole or joint legal decision-making based on the best-interest factors in § 25-403 plus the parents' agreement or disagreement. Joint legal decision-making does not automatically mean equal parenting time. A parent with sole legal decision-making cannot unilaterally change a court-ordered parenting time schedule. The court may not prefer one parent's proposed plan based on gender.

Effective: 2025

The court must adopt a parenting plan that maximizes both parents' parenting time while serving the child's best interests. Plans must include: designation of joint or sole legal decision-making, each parent's rights and responsibilities for personal care and decisions (education, healthcare, religious training), a practical parenting time schedule including holidays, exchange procedures, and a dispute resolution process for proposed changes and relocation.

Effective: 2025

Evidence of domestic violence is considered contrary to the child's best interests. If a parent seeking custody has committed domestic violence against the other parent, there is a rebuttable presumption that awarding that parent sole or joint legal decision-making is contrary to the child's best interests. The court must consider the safety of the child and the DV victim as of primary importance.

Effective: 2025

A parent must give 45 days' written notice (by certified mail) before relocating a child out of state or more than 100 miles within Arizona. The other parent has 30 days to petition the court to block the move. The relocating parent bears the burden of proving the move serves the child's best interests. Courts will enforce existing parenting plan provisions about relocation unless they are no longer in the child's best interests. Parents who unreasonably deny or interfere with court-ordered parenting time face attorney fee sanctions.

Effective: 2025

Spousal maintenance (alimony) may be awarded if a spouse lacks sufficient property for reasonable needs, cannot become self-sufficient through employment, is caring for a young child, made significant career sacrifices for the other spouse, or had a long marriage and is of an age that limits employment prospects. The Arizona Supreme Court sets guidelines for amount and duration. Courts consider the standard of living during the marriage, each spouse's earning ability, age, health, and career sacrifices. Maintenance is awarded without regard to marital misconduct. Major guideline updates took effect September 1, 2025, including longer support duration for marriages of 16+ years.

Effective: 2025

The Arizona Supreme Court establishes child support guidelines based on both parents' incomes and the child's needs, educational expenses, and healthcare costs. Courts follow these guidelines unless deviation is justified. Support continues through high school or a GED program until age 19. For children with severe disabilities that began before age 18, support may continue past the age of majority. Medical insurance assignment is mandatory in every child support order.

Effective: 2025

Either or both parents may be ordered to pay child support. Orders may be modified or terminated only upon a showing of substantial and continuing changed circumstances. Each unpaid installment becomes enforceable as a final judgment automatically. If a parent falls 6 months behind, the court must require security or bond. A parent who voluntarily gives physical custody to the other parent has an affirmative defense against enforcement of arrears during that time.

Effective: 2025

Maintenance and child support may be modified or terminated upon a showing of substantial and continuing changed circumstances, effective the first day of the month after notice. Spousal maintenance terminates upon the death of either party or the remarriage of the recipient, unless otherwise agreed. Property division terms generally cannot be modified after the decree is entered. Child support obligations survive the death of the paying parent and have priority in the estate.

Effective: 2025

Arizona imposes a mandatory 60-day waiting period. The court cannot hold a trial, hearing, or consider a motion for dissolution until 60 days after service of process or acceptance of process. This applies to all divorces, including summary consent decrees. The purpose is to provide a cooling-off period and encourage reconciliation.

Effective: 2025

If both spouses reach a comprehensive settlement of all issues before filing, they may use a simplified summary consent decree process. Both spouses file a combined petition and response, waive formal service of process, and submit all settlement documents within 60 days. The filing fee is 50% of the combined normal petition and answer fees. The court still cannot enter the final decree until the 60-day waiting period expires.

Effective: 2025

When a divorce is filed, the court automatically issues a preliminary injunction against both spouses. Neither spouse may transfer, sell, conceal, or dispose of community property (except for ordinary living expenses and court fees) without written consent or court permission. Neither spouse may harass, assault, or disturb the peace of the other spouse or any children. This injunction remains in effect until the final decree or dismissal. Violation can result in arrest.

Effective: 2025

The court may order one spouse to pay the other's reasonable attorney fees and costs after considering both parties' financial resources and the reasonableness of their positions throughout the case. Mandatory fee awards apply when a party files or maintains a petition for an improper purpose such as harassment, unnecessary delay, or increasing litigation costs. The court may order fees paid directly to the attorney.

Effective: 2025

Before or during a divorce filing, either spouse may petition the conciliation court to attempt reconciliation or amicable settlement. In counties with a conciliation court, the court may require mandatory conciliation conferences. Filing a conciliation petition stays all divorce proceedings for 60 days. All communications during conciliation are confidential and cannot be disclosed without the party's consent.

Effective: 2025

A divorce decree is final when entered, subject to the right of appeal. If an appeal does not challenge the irretrievable breakdown finding, both parties may remarry during the appeal. On request made before the judge signs the decree, the court must restore a party's former name. A decree of legal separation may later be converted to a dissolution under the same case number.

Effective: 2025

Defines domestic violence broadly to include assault, harassment, stalking, criminal damage, and other offenses between current or former spouses, household members, co-parents, relatives, or romantic partners. Officers must arrest with probable cause when physical injury or weapons are involved. Victims must be informed of available protection orders under § 13-3602, preliminary injunctions under § 25-315, and harassment injunctions.

Effective: 2025

Any person may file a verified petition for a protection order to restrain another person from committing domestic violence. No filing fee is charged, and courts must provide free forms. The petition must state whether a dissolution, separation, or paternity action is pending. Protection orders from other states and tribal courts receive full faith and credit in Arizona.

Effective: 2025

Arizona follows the Uniform Premarital Agreement Act. Premarital agreements must be in writing and signed by both parties but require no consideration. An agreement is unenforceable if the challenging spouse proves they did not sign voluntarily, or that the agreement was unconscionable and they were not given fair financial disclosure and did not waive disclosure in writing. If a spousal support waiver would make one party eligible for public assistance, the court may override that provision.

Effective: 2025

Protects military veterans in divorce by prohibiting courts from considering federal VA disability benefits when dividing property. Courts cannot compensate a spouse for any reduction in military retirement pay caused by the veteran's election to receive disability benefits. This prevents spouses from receiving a share of funds Congress designated exclusively for disabled veterans.

Effective: 2025

The court may privately interview a child to determine the child's wishes about legal decision-making and parenting time. The court may also retain professional personnel — such as custody evaluators, parenting coordinators, or mental health experts — to advise the court. Their written advice must be made available to the parties' attorneys on request.

Effective: 2025

Either party may request temporary orders during a divorce for matters like child support, spousal maintenance, parenting time, or exclusive possession of the home. The court may issue emergency orders without notice to the other party if irreparable harm would result from waiting. Temporary orders do not prejudice the final outcome and terminate when the final decree is entered or the case is dismissed.

Effective: 2025