Arizona
Arizona Divorce Laws (2026): Grounds, Residency, and Process
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 4 primary sources cited on this page. How we verify our legal content
To divorce in Arizona, one spouse must allege the marriage is irretrievably broken under A.R.S. 25-312. At least one spouse must have been domiciled in Arizona for 90 days before filing. No separation period is required for a standard marriage; a 60-day cooling-off period runs from the date of service.
Grounds for divorce in Arizona
Arizona is a no-fault state for standard marriages. The only ground you need to allege is that the marriage is irretrievably broken, meaning there is no reasonable prospect of reconciliation. The court does not investigate whose conduct caused the breakdown; fault is simply not a factor in granting the divorce itself.
Fault grounds such as adultery or cruelty do not apply to a standard Arizona marriage. However, they do apply to covenant marriages, which are a separate, harder-to-exit option (see the Covenant Marriage section below). For a standard marriage, the no-fault irretrievable-breakdown ground is the only path.
The court will grant the divorce once it is satisfied that the marriage is irretrievably broken. If one spouse contests that finding, the court may continue the matter for up to 60 days to allow for reconciliation attempts, but it cannot force spouses to remain married indefinitely.
Covenant marriage in Arizona
Arizona enacted its covenant marriage statute in 1998. Couples who chose covenant marriage at the time of their wedding agreed to pre-marital counseling, a declaration of intent, and a commitment to seek marital counseling before seeking divorce. The grounds for divorcing a covenant marriage are much narrower than for a standard marriage.
To divorce a covenant marriage in Arizona, you must prove one of: adultery by the other spouse, commission of a felony and sentencing to imprisonment or death, abandonment for at least one year before filing, physical or sexual abuse, the spouses having lived separately and apart continuously for at least two years, habitual substance abuse, the spouses having lived separately and apart continuously for at least one year after a decree of legal separation was entered, or both spouses agreeing to the dissolution. Arizona courts treat covenant marriage divorce petitions separately from standard divorce proceedings.
Residency requirement
At least one spouse must have been domiciled in Arizona (or stationed there as a military member) for 90 days before filing the petition for dissolution of marriage. Domicile means more than physical presence; it requires intent to make Arizona your permanent home.
If neither spouse meets the 90-day requirement, you must wait or file in another state where you qualify. There is no county residency requirement beyond the general rule that you file in the Superior Court of the county where you or your spouse reside.
Divorce in Arizona is a matter for the Superior Court. Each Arizona county has a Superior Court with a family law division. Self-help centers are available at many courthouses to assist unrepresented parties.
Waiting period and separation
These are two separate concepts that people often confuse.
Waiting period (cooling-off): Arizona imposes a 60-day cooling-off period that runs from the date the respondent spouse is served with the petition, not from the filing date. No hearing can be held and no decree can be entered before those 60 days have elapsed (A.R.S. 25-329). This period exists to allow the possibility of reconciliation.
Separation requirement: For a standard marriage, Arizona has no separation requirement. You do not need to live apart from your spouse for any period before filing. You can file the day you decide the marriage is irretrievably broken.
The exception is covenant marriage: a no-fault divorce from a covenant marriage requires the spouses to have lived separately and continuously for at least 2 years (or 1 year after a legal-separation decree), unless both spouses agree to the dissolution under A.R.S. 25-903(8), in which case no separation period applies. The 2-year route is a true separation requirement, not just a waiting period.
In practice, an uncontested Arizona divorce with no minor children and no disputed property can be finalized in as little as 60 to 90 days from service. Contested divorces involving property disputes, child custody, or spousal maintenance typically take several months to over a year.
How property is divided
Arizona is one of nine community property states in the country. The others are California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Understanding community property is essential to understanding what happens to your assets and debts in an Arizona divorce.
Under Arizona community property law, all assets and debts acquired by either spouse during the marriage are presumed to be community property, owned equally (50/50) by both spouses. When you divorce, A.R.S. 25-318(A) directs the court to divide that community property equitably, though not necessarily in kind.
Separate property is not divided. Separate property includes assets owned by one spouse before the marriage, gifts or inheritances received by one spouse alone during the marriage, and property covered by a valid prenuptial or postnuptial agreement. Keeping separate property separate requires that it not be commingled with community funds.
In practice, an equitable division in Arizona usually comes out close to an even split, so each spouse often ends up with about half. The court does not weigh "fault" or marital misconduct when dividing property. However, the court can consider economic waste (one spouse deliberately dissipating marital assets) as a reason to award a disproportionate share to the other.
Because the standard is equitable division rather than a mandatory 50/50 formula, the court can depart from an even split where the facts justify it, such as waste of community assets or excessive spending by one spouse. If your spouse has been draining community funds, ask an Arizona family lawyer in a free case evaluation whether to seek a larger share for that waste (attorney advertising).
Alimony, custody, and child support
The divorce decree can also resolve spousal maintenance (Arizona's term for alimony), legal decision-making and parenting time (the state's terms for custody and visitation), and child support.
Spousal maintenance in Arizona is not automatic. A spouse seeking maintenance must first qualify under A.R.S. 25-319 by showing they lack sufficient property to meet their reasonable needs, are unable to be self-sufficient, contributed to the other spouse's educational or career opportunities, or had a marriage of long duration with low employability. If the threshold is met, the court sets an amount and duration based on statutory factors. For a detailed breakdown of how Arizona calculates spousal maintenance, see the Arizona alimony laws page.
Child custody matters (legal decision-making authority and physical parenting time) and child support are decided separately from the property division but as part of the same overall divorce proceeding. Arizona courts use the best-interests-of-the-child standard for custody, and the Arizona Child Support Guidelines for support calculations. Estimate your payment with our Arizona child support calculator. See the Arizona child custody laws page and the Arizona child support page for details.
How to file for divorce in Arizona
Step 1: Confirm residency. Verify that you or your spouse have been domiciled in Arizona for at least 90 days.
Step 2: File the petition. File a Petition for Dissolution of Marriage in the Superior Court of the county where you or your spouse reside. You will pay a filing fee (amounts vary by county; check the court's website for current fees). You will also file a Summons and, if minor children are involved, a Preliminary Injunction and parenting-plan documents.
Step 3: Serve your spouse. The respondent must be formally served with the petition and summons. Service can be by a process server, the sheriff's office, or, if the other spouse cooperates, by acceptance of service. The 60-day clock starts from the date of service.
Step 4: Exchange financial disclosures. Both spouses must complete and exchange an Affidavit of Financial Information (AFI) disclosing income, expenses, assets, and debts. This is required even in uncontested cases.
Step 5: Reach a settlement or proceed to trial. If both spouses agree on all issues (property, support, parenting), you can submit a signed Consent Decree for the judge's approval. If disputes remain, the court schedules hearings or a trial.
Step 6: Obtain the final decree. The judge signs the Decree of Dissolution of Marriage. The divorce is legally effective on the date the judge signs the decree, as long as the 60-day waiting period has already passed.
This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Arizona.
For more context on divorce across all 50 states, visit the Divorce Laws hub. Related Arizona family-law topics: Arizona alimony laws, Arizona child custody laws.
More Arizona Laws
- Arizona Alimony Laws
- Arizona Child Custody Laws
- Arizona Child Support Laws
- Arizona Common Law Marriage Laws
- Arizona Restraining Order Laws
- Arizona Unclaimed Property
Frequently Asked Questions
How long does it take to get a divorce in Arizona?
The minimum is 60 days from the date your spouse is served, because Arizona requires a 60-day cooling-off period before any hearing. An uncontested divorce with no children and no property disputes can often be finalized in 60 to 90 days. Contested divorces involving child custody, spousal maintenance, or significant property typically take 6 to 18 months or longer.
How much does a divorce cost in Arizona?
Filing fees vary by county and are typically in the range of $200 to $350 for the initial petition, with additional fees for responses and other filings. If both spouses agree on all issues and represent themselves, total out-of-pocket costs can be limited to filing fees. Attorney fees vary widely; contested divorces can cost several thousand dollars or more. Check with your county Superior Court for current fee schedules.
Do I need a reason to get divorced in Arizona?
For a standard marriage, you only need to allege that the marriage is irretrievably broken. You do not have to prove fault, adultery, or cruelty. Arizona is a pure no-fault state for standard marriages. The court will not require evidence of wrongdoing.
Is Arizona a community property state?
Yes. Arizona is one of nine community property states. Marital property (assets and debts acquired during the marriage) is owned equally by both spouses, and A.R.S. 25-318(A) directs the court to divide it equitably, which in most cases works out to a substantially equal split. Property one spouse owned before marriage, or received as a gift or inheritance during the marriage, is separate property and is not divided.
How long do I have to be separated to divorce in Arizona?
For a standard marriage, there is no separation requirement at all. You can file immediately once you decide the marriage is irretrievably broken. The 60-day waiting period starts after your spouse is served, but you do not need to be living apart before you file. The 2-year separation requirement applies only to covenant marriages seeking a no-fault exit, and even then it can be avoided if both spouses agree to the dissolution (A.R.S. 25-903(8)).
Can I get divorced without my spouse agreeing in Arizona?
Yes. Arizona allows a contested divorce even if one spouse opposes it. If the petitioning spouse alleges the marriage is irretrievably broken and the other spouse disagrees, the court may continue the matter for up to 60 additional days to explore reconciliation. After that, if reconciliation is not possible, the court will proceed with the divorce regardless of the other spouse's wishes.
Do I have to live in Arizona to file for divorce there?
At least one spouse must have been domiciled in Arizona for 90 days before filing. If only one spouse lives in Arizona, that spouse can file here even if the other spouse lives in a different state. If neither spouse meets the 90-day requirement, you will need to wait or file in a state where you qualify.
Updates
Corrected the property-division rule to match A.R.S. 25-318(A), which requires an equitable division rather than a mandatory equal split, and corrected a key takeaway that wrongly suggested an uncontested divorce can finalize before the 60-day waiting period in A.R.S. 25-329.
Added the mutual-agreement ground for dissolving an Arizona covenant marriage (A.R.S. 25-903(8)), which the page previously omitted from both its KeyTakeaways summary and the full list of grounds.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the covenant-marriage divorce grounds: the post-legal-separation ground requires one year of continued separation after the decree (A.R.S. 25-903(6)), not two years, which had been conflated with the separate two-year no-decree separation ground.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Arizona Revised Statutes, Title 25 (Marital and Domestic Relations), Chapter 3 (DISSOLUTION OF MARRIAGE), Article 2 (Dissolution of Marriage)
§ 25-312Dissolution of marriage; findings necessaryIn forcecited in 2 of our articles
A. The court shall enter a decree of dissolution of marriage if it finds each of the following: 1. That one of the parties, at the time the action was commenced, was domiciled in this state or was stationed in this state while a member of the armed services and that in either case the domicile or military presence has been maintained for ninety days before filing the petition for dissolution of marriage. 2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met. 3. The marriage is irretrievably broken. 4. If the marriage is a covenant marriage, any of the grounds prescribed in section 25-903. B. If both of the parties by petition or otherwise state under oath or affirmation that the marriage is irretrievably broken or if one of the parties so states and the other does not deny it, the court shall make a finding as to whether the marriage is irretrievably broken. C.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at azleg.gov
Cited in 43 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- RUVALCABA BY STUBBLEFIELD v. Ruvalcaba (Court of Appeals of Arizona 1993, 174 Ariz. 436)“…cabas's marriage was "irretrievably broken" for purposes of A.R.S. section 25-312(3), that no possibility of reconciliati…”
- Brighton v. SUPERIOR COURT, IN & FOR CTY. OF PIMA (Court of Appeals of Arizona 1974, 22 Ariz. App. 291)“…ty, custody and maintenance matters. *292 A.R.S. § 25-312 provides: “Dissolution of marria…”
- Porter v. Estate of Pigg (Court of Appeals of Arizona 1993, 175 Ariz. 194)“…perly held: We agree with petitioner that the language of A.R.S. § 25-312 clearly mandates that all issues relati…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Legal Separation in Arizona: Requirements, Orders and Divorce
§ 25-329Waiting periodIn forcecited in 2 of our articles
The court shall not consider a submission of a motion supported by affidavit or hold a trial or hearing on an application for a decree of dissolution of marriage or legal separation until sixty days after the date of service of process or the date of acceptance of process.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Weaver v. Weaver (Court of Appeals of Arizona 1981, 131 Ariz. 590)“…entered prior to the expiration of the 60 days mandated by A.R.S. § 25-329. He also contends the court had no juri…”
- Siqueiros v. Valenzuela (Court of Appeals of Arizona 2023)“…ies that it could not accept the decree for 60 days, citing A.R.S. § 25-329. ¶3 On June 1, Wife again lo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-319Maintenance; guidelines; computation factorsIn forcecited in 5 of our articles
A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance: 1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs. 2. Lacks earning ability in the labor market that is adequate to be self-sufficient. 3. Is the parent of a child whose age or condition is such that the parent should not be required to seek employment outside the home. 4. Has made a significant financial or other contribution to the education, training, vocational skills, career or earning ability of the other spouse or has significantly reduced that spouse's income or career opportunities for the benefit of the other spouse. 5. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient. B. The supreme court shall establish guidelines for determining and awarding spousal maintenance.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at azleg.gov
Cited in 216 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Marriage of Gutierrez v. Gutierrez (Court of Appeals of Arizona 1998, 193 Ariz. 343)“…r the trial court properly considered the factors listed in A.R.S. § 25-319(B).” Id. ¶ 16 The tria…”
- Cullum v. Cullum (Court of Appeals of Arizona 2007, 215 Ariz. 352)“…not err in using the Guidelines’ factors consistently with A.R.S. section 25-319 and we affirm. 1 FACTU…”
- Neal v. Neal (Arizona Supreme Court 1977, 116 Ariz. 590)“…whether the prerequisites for spousal maintenance were met. A.R.S. § 25-319(A) prescribes the necessary elements:…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alimony by State: How Spousal Support Works (2026), Common Law Marriage in Arizona: Is It Recognized? (2026), Arizona Spousal Maintenance (Alimony) Laws: The 2023 Guidelines (2026)
§ 25-318Disposition of property; retroactivity; notice to creditors; assignment of debts; contempt of courtIn forcecited in 3 of our articles
A. In a proceeding for dissolution of marriage, for annulment or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court that previously lacked personal jurisdiction over the absent spouse or previously lacked jurisdiction to dispose of the property, the court shall assign each spouse's sole and separate property to such spouse. Except as provided in section 25-318.02, the court shall also divide the community, joint tenancy and other property held in common equitably, though not necessarily in kind, without regard to marital misconduct. For the purposes of this section only, property acquired by either spouse outside this state shall be deemed to be community property if the property would have been community property if acquired in this state. B. In dividing property, the court may consider all debts and obligations that are related to the property, including accrued or accruing taxes that would become due on the receipt, sale or other disposition of the property. The court may also consider the exempt status of particular property pursuant to title 33, chapter 8. C.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 310 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Toth v. Toth (Arizona Supreme Court 1997, 190 Ariz. 218)“…stribution of marital joint property upon dissolution under A.R.S. § 25-318(A) requires an equal distribution of th…”
- Martin v. Martin (Arizona Supreme Court 1988, 156 Ariz. 452)“…es’ community property within the meaning and the intent of A.R.S. § 25-318(A). She relies on two prior decisions o…”
- In Re Marriage of Flower (Court of Appeals of Arizona 2010, 223 Ariz. 531)“…marital property in a dissolution proceeding is governed by A.R.S. § 25-318(A) (Supp.2009), 3 which pr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arizona Annulment Laws: Grounds, Residency and How to File (2026)
Arizona Revised Statutes, Title 25 (Marital and Domestic Relations), Chapter 7 (COVENANT MARRIAGE), Article 1 (General Provisions)
§ 25-903Dissolution of a covenant marriage; groundsIn forcecited in 2 of our articles
Notwithstanding any law to the contrary, if a husband and wife have entered into a covenant marriage pursuant to this chapter the court shall not enter a decree of dissolution of marriage pursuant to chapter 3, article 2 of this title unless it finds any of the following: 1. The respondent spouse has committed adultery. 2. The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county or municipal correctional facility. 3. The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for dissolution of marriage and refuses to return. A party may file a petition based on this ground by alleging that the respondent spouse has left the matrimonial domicile and is expected to remain absent for the required period.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Phillips v. Hon schwartz/phillips (Court of Appeals of Arizona 2023, 97 Arizona Cases Digest 23)“…tion and filing requirements), or when seeking dissolution, A.R.S. § 25-903(1)–(8) (grounds for dissolution include…”
- Jessica L. v. Dcs, J.L. (Court of Appeals of Arizona 2020)“…had filed for divorce from Father, citing abandonment. See A.R.S. § 25-903 (outlining limited grounds to dissolve…”
- Runyard v. Runyard (Court of Appeals of Arizona 2017)“…a covenant marriage or a child custody determination.4 See A.R.S. § 25-903(4) (identifying physical abuse as one o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- A.R.S. 25-312 - Dissolution of marriage; legal separation; grounds(azleg.gov).gov
- A.R.S. 25-329 - Waiting period(azleg.gov).gov
- A.R.S. 25-903 - Covenant marriage; dissolution; grounds(azleg.gov).gov
- Arizona Judicial Branch Self-Service Center(azcourts.gov).gov
- A.R.S. 25-318 - Disposition of property; retroactivity; notice to creditors; assignment of debts; contempt of court(azleg.gov)
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