How to File for Divorce in Arizona

In Arizona, the divorce procedure is called a dissolution of marriage. A dissolution for any married couple will accomplish two things: sever the marital relationship and divide assets and debts.

If you and your spouse decide to get a divorce in Arizona, understanding the legal steps can help ensure a smooth process. Follow our guide on how to get a divorce in Arizona to learn everything you need to know about dissolving your marriage in this state.

Before getting a divorce in Arizona, you must determine if you meet the residency requirements, understand the state's grounds for divorce, and know the difference between a contested and uncontested divorce.

Residency requirements

To file for dissolution of marriage in Arizona, either you or your spouse must have been domiciled in Arizona for at least 90 days before filing. (Ariz. Rev. Stat. § 2-312).

To be “domiciled” requires taking actions indicating an intent to make Arizona your primary state of residence (for example, registering to vote, obtaining an Arizona driver’s license, or registering a car in the state). Also, if you have minor children, they need to have lived in Arizona with a parent for at least six months so the state can legally oversee child custody arrangements. (Ariz. Rev. Stat. §§ 25-1002, 25-1031).

While it is possible to be a part-time resident of two or more states, you can only have your domicile in one state. You begin the procedure by filing a Petition for Dissolution of Marriage in the superior court of the county where you live.

Grounds for divorce

Grounds are legally recognized reasons to get a dissolution and sever the marital relationship.

Arizona has what is commonly called no-fault grounds for dissolution. This means it's a no-fault divorce state, so you and your spouse do not need to cast blame or prove wrongdoing to get a divorce.

When filing your Arizona divorce papers, you only need to state in the petition that the marriage is irretrievably broken. What is unusual about Arizona is that this is the only ground for dissolution.

Contested vs. uncontested divorce in AZ

Now, there are contested divorces and uncontested divorces in Arizona.

A contested divorce occurs when a couple disagrees on the terms of the divorce, such as alimony, the division of property and marital debt, or child custody decisions. If you and your spouse can't negotiate a separation agreement, you'll need to take your case to court so the judge can make the final decision. This can wind up being a lengthy and expensive process.

In contrast, if you and your spouse agree to the terms of your divorce, it's considered uncontested, so you don't need to go through litigation. Instead, you can go through Arizona's Summary Consent Decree process, which simply involves filling out divorce paperwork, called a Consent Decree, for the judge to sign. Because this avenue doesn't require litigation, it's a much cheaper and faster process than filing for a contested divorce.

How to file for divorce in AZ in 8 steps

To initiate divorce proceedings, follow these steps on how to file for divorce in Arizona.

1. Consult a divorce attorney

While hiring an Arizona divorce attorney isn't a requirement, doing so can make it easier to navigate the divorce process. You can also hire an online service. An attorney can provide you with professional advice and ensure that you've completed all the necessary steps.

2. Prepare divorce papers

Next, you must prepare your divorce forms. You can find the state forms on the Arizona Judicial Branch website, but depending on your county, you may need to obtain county-specific forms. Check with your county clerk or review these county divorce forms to determine if they pertain to you. It's also important to note that there are different divorce papers for certain situations, such as whether you're filing for divorce with or without children.

When preparing your divorce paperwork, you must fill out the Petition for Dissolution of Marriage. You can download this form from the Arizona Judicial Branch website, but just be sure to select the correct packet, as there are separate forms for the petitioner and the respondent. These documents require you to provide personal information about you and your spouse, such as your contact details, occupations, marriage date and location, and how long you've lived in Arizona. You'll also need to disclose financial information, including debts, assets, and income.

If you're using an online divorce service, they will provide you with all the appropriate documents, but otherwise, your attorney will determine which forms you need to submit.

3. File the divorce petition

Once you’ve filled out the divorce petition, you must file it with the court. After all, this is what kicks off the divorce proceedings, as it's a request to the court to grant you the divorce.

Bring the petition, along with two copies of it, to the county's superior court. These documents must be notarized, but the county clerk can notarize them for free. Once you've paid the filing fee, the county clerk will file one copy and provide you with two stamped copies—one for you and one for you to serve to your spouse.

4. Serve divorce papers

You must serve your spouse divorce papers as part of the process. Arizona's divorce laws say you can legally serve divorce papers in the following ways:

• You can hire a professionally-trained process server to deliver the documents.
• You can arrange for the sheriff or sheriff's deputy to serve them.
• You can personally deliver it, but only if your spouse signs an Acceptance of Service form in front of a notary or the superior court clerk.
• You can send them in the mail by certified mail or national courier service, but your spouse must sign for them to ensure proof of delivery.

5. Financial disclosure

The disclosure phase is the next stage of the divorce process, in which both spouses must provide their financial information. While you may be asked to provide pay stubs, tax returns, and insurance policy information, among other documents, it's mandatory for both parties to submit an Affidavit of Financial Information (AFI) to the court.

In the AFI, you must disclose information regarding your income, monthly expenses, assets, and debts.

6. Discovery

Discovery is part of the contested divorce process. Once both parties disclose their financial information, they gather evidence and engage in the discovery phase of the divorce process. This stage involves reviewing the exchanged documents and using that information to influence the terms of the divorce, such as alimony, child support, and the division of assets.

7. Negotiate and settle

The next step in the divorce proceedings involves negotiating and settling, where you and your spouse try to agree on the terms. Your divorce attorneys can help you negotiate, but if you still can't resolve your disputes, you may need to attend divorce mediation to work with a third-party mediator.

The goal is to come to an agreement so that you can avoid taking your divorce case to trial. If you both manage to reach an out-of-court settlement, you can submit a consent decree to the court and avoid litigation altogether.

8. Court hearing and final judgment

If both parties settled and submitted a consent decree, the judge has up to 60 days to sign it and issue an order. Your divorce is officially finalized once you receive your signed divorce decree in the mail.

However, if you can’t reach a divorce settlement, then you and your spouse will attend a court hearing. During the trial, the judge will make the final decisions regarding spousal support, child support, child custody, and the division of marital assets. After making the rulings, the judge will provide you with the divorce decree.

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

The cost of filing for an Arizona divorce depends on various factors. Generally, an uncontested divorce will be cheaper than a contested divorce, while filing with children is often more expensive than filing without children. That said, the average cost of a divorce can range between $500 and $11,000 and more.

When calculating how much it may cost you, consider the following factors:

• Filing fees. Each county sets its own fees for filing a Petition for Dissolution of Marriage, which may be anywhere from around $218 to $384. 
• Response filing fees. The respondent must pay fees when responding to the divorce petition and acknowledging that they received it. Again, the counties set these filing fees, and they can range from $130 to $309.
• Lawyer fees. Most lawyers charge an hourly rate, which is typically a few hundred dollars per hour. The average cost of hiring an experienced divorce attorney is $11,300. 
• Mediation fees. Depending on the county, Conciliation Services may provide free or affordable mediation, but if you hire a private mediator, they often charge roughly $200 to $500/hour. The total cost of attending private mediation sessions is usually between $3,000 and $8,000. 
• Fee waiver. In some situations, the Arizona courts may waive or defer your filing and/or mediation fees if you can demonstrate financial hardships. For example, if your income is between 150% and 175% of the current poverty level, the courts will let you set up a payment plan. 

Property division in Arizona

In dividing property and debts, Arizona is a community property state. In other words, Arizona adopts the concept of community property, where property and debts acquired during a marriage is considered marital property. This means the marital home, real estate, joint assets, and retirement accounts become joint property and are equally divided.

Generally, each party will keep their “sole and separate” property. If the judge must divide the property, he or she may consider any “excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.”

Alimony in Arizona

In Arizona, alimony or spousal support is called spousal maintenance. This support may be awarded if the parties agree or if the court finds that the spouse seeking maintenance:

• Lacks sufficient property to provide for his or her needs
• Lacks sufficient earning ability or has custody of a child whose age or condition is such that the custodian should not be required to seek employment
• Contributed to the other spouse’s education or earning ability or experienced limited income or career opportunities due to financially supporting the other spouse
• Had a marriage of long duration and is of an age that precludes employment adequate to be self-sufficient

Now, it's important to note that there may be some terms and conditions associated with spousal maintenance. For example, it may be for a limited or indefinite period of time and provided in a lump sum or installments. In other cases, the parties may agree that maintenance may not be modified.

When deciding the terms of the spousal maintenance, such as the duration of the payments, the family court judge may consider the following 13 factors:

1. The standard of living during the marriage
2. The duration of the marriage
3. The age, employment, earning ability, and physical and emotional condition of the spouse seeking maintenance
4. The ability of the other spouse to meet his or her needs while paying maintenance
5. Comparative financial resources and earning abilities
6. Contribution of the spouse seeking maintenance to the other’s earning ability
7. Extent to which the spouse seeking maintenance has reduced income or career opportunities for the other’s benefit
8. Ability of both to contribute to the educational costs of the children
9. Financial resources and ability to meet needs of the party seeking maintenance
10. Time needed to acquire education or training to find appropriate employment
11. Excessive or abnormal expenditures, destruction, concealment, or fraudulent disposition of community or jointly owned property
12. Cost of health insurance for both parties
13. Damages and judgments from criminal conviction of either spouse in which the other spouse or child was the victim

Child custody and support in AZ

If you have any minor children, there will have to be a custody determination. Traditionally, one parent was awarded custody, and the other was given visitation rights. However, the modern trend of keeping both parents active in their children’s lives has led to new terminology.

While the terms legal decision-making and parenting time are used in Arizona law, it all still comes down to figuring out how the children’s time will be divided between the parents and how decisions will be made.

According to Arizona child custody laws, if you and your spouse cannot reach an agreement on decision-making and parenting time, you will each need to submit a proposed parenting plan to the judge. The judge will make a decision based on the following factors: 

1. The past, present, and future relationship between the parent and child
2. The relationship between the child and parents, siblings, and other significant persons
3. The child’s adjustment to home, school, and community
4. The wishes of the child, if of suitable age and maturity
5. The mental and physical health of all individuals involved
6. Which parent is more likely to foster contact with the other parent
7. Whether one parent intentionally misled the court to cause a delay, increase the cost of litigation, or persuade the court to give preference to that parent
8. Any domestic violence or child abuse
9. Any coercion or duress by a parent in obtaining an agreement
10. Whether a parent has completed a class on the impact of divorce on families
11. Whether either parent was convicted of falsely reporting child abuse or neglect
12. The agreement or lack of an agreement regarding joint legal decision-making
13. Whether a parent’s lack of an agreement is unreasonable or influenced by an issue not related to the child’s best interests
14. The ability of the parents to cooperate in decision-making
15. Whether joint decision-making is logistically possible

As for child support, Arizona has child support guidelines that consider the child’s needs and the parents’ abilities to meet the needs. The courts use these guidelines to calculate what both spouses would have contributed toward the child if they were all still living together and determine a proportional share that each spouse owes. That said, the family court typically orders the non-custodial parent to pay 25% of their income toward child support.

FAQs

For more information regarding Arizona divorce, review our FAQs.

How do I file for divorce in a covenant marriage in AZ?

Arizona is one of a few states that have created a covenant marriage. You will know if you have a covenant marriage because along with premarital counseling, you will have signed a letter of intent that agrees to more stringent grounds for divorce than a traditional one.

To dissolve a covenant marriage, you and your spouse need to agree on a dissolution, or have already gone through a legal separation procedure. Unlike with a traditional marriage, if you want to end your covenant marriage, you may need to prove a fault-based ground, such as adultery, your spouse being convicted of a felony, abandonment for at least one year, physical or sexual abuse, domestic violence, habitual drug or alcohol abuse.

How long does a divorce take in AZ?

A divorce in Arizona could take as few as 61 days or as many as several years to finalize, depending on whether you file for an uncontested or contested divorce.

When you file for an uncontested divorce, there is a required 60-day waiting period. This means even if you and your spouse both agree to all the terms, the 61st day is the earliest you can finalize your divorce. However, if you file for a contested divorce, the divorce proceedings could take anywhere from a few months to a few years to finalize as it requires litigation and possible mediation.

How do I change my name after divorce in Arizona?

A party’s former name may be restored as part of a Decree of Dissolution of Marriage. You can request a name change order in the divorce decree and use a certified copy of that document to restore your name with the Social Security office.

Is it possible to get a divorce online in Arizona?

Yes, it is possible to get a divorce online in Arizona, but only if you're filing for an uncontested divorce.

Edward A. Haman, Esq. contributed to this article.