Arizona Divorce Laws (2026): Grounds, Residency, and Process

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, or a legal separation granted at least two years before. 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. That 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, the court divides community property equally between the two of you.

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.

Community property division in Arizona is generally straightforward: each spouse gets 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.

Arizona courts apply equitable principles within the community-property framework, so division is "equal" as a default but the court has tools to address unusual circumstances.

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. 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.

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Sources

• Arizona Revised Statutes, Title 25 (Marital and Domestic Relations): www.azleg.gov
• Arizona Judicial Branch, Self-Service Center: www.azcourts.gov

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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.