Going through a divorce in Arizona can feel overwhelming, especially when you're unfamiliar with the legal steps involved. Understanding the process from start to finish can help reduce stress and prevent unexpected delays. Whether you reside in Phoenix, Tucson, Mesa, or a smaller town, the procedures are largely the same across the state. Arizona law prioritizes fairness, especially regarding property and child-related decisions.
Residency Requirements for Divorce in Arizona
To file for divorce in Arizona, at least one spouse must have lived in the state for a minimum of 90 days. For cases involving children, Arizona must also be their primary residence for the past six months. These residency rules determine whether the state court has jurisdiction to hear your case.
Grounds for Divorce
Arizona follows a no-fault divorce model. The only required ground is that the marriage is "irretrievably broken." The court does not assign blame for the breakdown of the marriage. However, in rare cases involving a covenant marriage, specific fault-based grounds such as adultery, abuse, or substance addiction may be required.
Filing the Petition
The process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the Superior Court in the county where either party lives. The petition outlines key issues, including property division, spousal maintenance, and child-related concerns. The other spouse (the respondent) must be formally served with the paperwork and is given 20 days to respond (30 days if served out of state).
Temporary Orders During the Divorce
Arizona courts may issue temporary orders while the divorce is pending. These can cover parenting time, child support, spousal maintenance, and use of the marital home. Temporary orders are designed to protect both parties and maintain stability until a final decision is reached.
Division of Property and Debts
Arizona is a community property state. This means that any assets or debts acquired during the marriage are generally divided 50/50. Property owned prior to marriage or received by gift or inheritance is considered separate. Courts may also consider financial misconduct or concealment of assets when making a final division.
"Community property does not always mean everything is split equally. The court focuses on what is fair — and that sometimes means a different outcome."
Spousal Maintenance (Alimony)
Spousal maintenance may be awarded if one spouse lacks the means to be self-sufficient. The court evaluates several factors, including the duration of the marriage, standard of living during the marriage, age and health of each party, and each spouse's earning capacity. Unlike child support, Arizona does not use a specific formula to calculate alimony.
Child Custody and Parenting Time
Arizona refers to custody as legal decision-making and parenting time. Courts focus on the best interests of the child when assigning responsibilities and time-sharing. Parents are encouraged to develop a parenting plan that details holidays, education decisions, and daily routines. If they cannot agree, the court will impose a plan.
Child Support Guidelines
Child support in Arizona is calculated based on a standardized formula that considers both parents' incomes, number of children, parenting time, and healthcare costs. Payments are often managed through the Arizona Division of Child Support Services (DCSS) to ensure compliance and accurate tracking.
Finalizing the Divorce
Arizona law imposes a mandatory 60-day waiting period from the date the petition is served before a divorce can be finalized. If the parties reach a settlement, they may submit a consent decree. Otherwise, unresolved issues go to trial. The divorce becomes official once the judge signs the final decree.
Common Issues in Arizona Divorces
- High-conflict custody disputes
- Business ownership and valuation
- Hidden assets or income discrepancies
- Out-of-state relocation with children
Divorce is never easy, but having accurate information makes the process far more manageable. Arizona residents benefit from a clear legal structure — and knowing how to work within it can protect your rights and reduce stress during this life transition.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download Arizona divorce papers or browse Arizona divorce lawyers to get the help you need.