Arizona Divorce Petition

Q: What is a divorce petition in Arizona?

In Arizona, a divorce petition is the opening court document, formally titled the Petition for Dissolution of Marriage, that one spouse files to start a case ending the marriage. The spouse who files is the Petitioner and the other spouse is the Respondent, and the case proceeds in the Superior Court of the county where either spouse resides.

Q: What is the difference between a divorce petition and a dissolution of marriage in Arizona?

In Arizona there is no practical difference; they describe the same case. Arizona statutes do not use the word 'divorce.' They call the proceeding a 'dissolution of marriage,' and the document that begins it is the Petition for Dissolution of Marriage. So a 'divorce petition' in everyday speech is legally the petition for dissolution of marriage filed under A.R.S. § 25-312.

Q: How long must I live in Arizona before filing for divorce?

One spouse must have been domiciled in Arizona, or stationed there while a member of the armed services, for at least 90 days before the petition is filed (A.R.S. § 25-312(1)). Domicile means physical presence in the state plus the intent to remain.

Q: What are the grounds for divorce in Arizona?

For a standard marriage, Arizona is pure no-fault: the court must find only that the marriage is 'irretrievably broken' (A.R.S. § 25-312(3)). The single exception is a covenant marriage under A.R.S. § 25-903, which the couple must have elected and which requires enumerated fault-type grounds.

Q: Do we have to be separated before filing in Arizona?

No. Arizona does not require spouses to live separate and apart for any period before filing for a standard dissolution of marriage. You can file while still living in the same home.

Q: How long does a divorce take in Arizona?

There is a mandatory waiting period of at least 60 days. The court cannot enter a decree of dissolution until 60 days have passed after service of process on, or acceptance of service by, the respondent (A.R.S. § 25-329). Contested cases usually take longer, but the 60-day floor applies even to fully agreed cases.

Q: How much does it cost to file a divorce petition in Arizona?

The initial filing fee is approximately $349, though it varies slightly by county (for example, Maricopa County sets its own schedule). Low-income filers can request a fee waiver from the court.

Q: How is property divided in an Arizona divorce?

Arizona follows community property rules (A.R.S. § 25-211): property acquired during the marriage is community property, and the court divides the community estate equitably (A.R.S. § 25-318). Equitable usually means an equal split, but the standard is fairness rather than a rigid 50/50 division.

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Introduction

In Arizona, a Petition for Dissolution of Marriage is the opening pleading a spouse files to ask a Superior Court judge to legally end the marriage. State statutes label the case a 'dissolution of marriage' rather than a 'divorce,' which is why the form itself carries that name. Before you can file, at least one spouse must have been domiciled in Arizona, or stationed there while serving in the armed services, for a minimum of 90 days (A.R.S. § 25-312(1)). Arizona is a pure no-fault state for standard marriages, so the court's only required finding is that the marriage is 'irretrievably broken' (A.R.S. § 25-312(3)), and no period of living separate and apart is required beforehand. The spouse who files is the Petitioner and the other spouse is the Respondent. Even after filing, the Superior Court cannot enter a decree until at least 60 days have passed following service on, or acceptance of service by, the respondent (A.R.S. § 25-329).

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Key Things to Know

1
Definition: Under Arizona statute the proceeding is titled a 'dissolution of marriage,' and the Petition for Dissolution of Marriage is the pleading one spouse files to open it. The filing spouse is the Petitioner and the responding spouse is the Respondent.
2
Residency: At least one spouse must have been domiciled in Arizona, or stationed there as a member of the armed services, for a minimum of 90 days before the petition is filed (A.R.S. § 25-312(1)). Arizona adds no separate 'live apart' requirement before filing a standard dissolution.
3
Waiting Period: The court cannot enter a decree of dissolution until at least 60 days after service of process on, or acceptance of service by, the respondent (A.R.S. § 25-329). The clock runs from service, not from the filing date.
4
Grounds: Arizona is pure no-fault for standard marriages, so the court must find only that the marriage is 'irretrievably broken' (A.R.S. § 25-312(3)). The sole exception is a covenant marriage under A.R.S. § 25-903, which requires enumerated fault-type grounds.
5
Property: Arizona is a community property state. Property acquired during the marriage is community property (A.R.S. § 25-211), and the court divides the community estate equitably (A.R.S. § 25-318), which is usually but not necessarily an equal split.
6
Forms and Court: You open the case with a Petition for Dissolution of Marriage, in a 'Without Minor Children' or 'With Minor Children' version depending on your family, together with a Summons, filed in the Superior Court of the Arizona county where either spouse resides.
7
Fee: The initial petition filing fee is approximately $349, though the exact amount varies slightly by county (Maricopa County, for example, sets its own schedule). Low-income filers can ask the court for a fee waiver.

Key decisions before you file

Before you file a Divorce Petition in Arizona, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

Open the Divorce Petition guide

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Arizona Dissolution of Marriage: What Filing a Petition Requires

In Arizona, the statutes do not call this case a "divorce." They call it a dissolution of marriage. The spouse who files is the Petitioner, and the other spouse is the Respondent. Before the case can begin, at least one spouse must have been domiciled in Arizona, or stationed in the state as a member of the armed services, for a minimum of 90 days (A.R.S. § 25-312(1)). Domicile means more than a mailing address. It requires actual physical presence combined with the intent to remain, and without meeting that 90-day threshold the Superior Court cannot hear the case.

The No-Fault Standard

Arizona is a pure no-fault state for standard marriages. The court does not assign blame for adultery, abandonment, or cruelty. Its only required finding is that the marriage is irretrievably broken (A.R.S. § 25-312(3)). The state also imposes no separation prerequisite, so spouses do not have to live separate and apart for any period before filing. The one narrow exception is a covenant marriage under A.R.S. § 25-903, which a couple must expressly elect and which limits dissolution to enumerated fault-type grounds.

Where and How You File

A dissolution begins in the Superior Court of the county where either spouse resides. The opening papers are the Petition for Dissolution of Marriage, filed in a "Without Minor Children" or "With Minor Children" version depending on the family, together with a Summons. The initial filing fee runs approximately $349, though the exact amount varies slightly by county, and Maricopa County, for example, sets its own schedule. If you want a plain-language overview before you draft, our divorce petition guide (/legal-document/divorce-petition) walks through each section.

The 60-Day Waiting Period

Filing does not end the marriage quickly. Arizona law bars the court from entering a decree of dissolution until at least 60 days have passed after service of process on the respondent, or after the respondent accepts service (A.R.S. § 25-329). This cooling-off window runs from service, not from the filing date, so the clock starts only once the Respondent has been formally notified. Contested cases usually take much longer, but the 60-day floor applies even to the most amicable, fully agreed cases.

Dividing What You Own

Arizona is a community property state. Property and debt that either spouse acquires during the marriage is presumed to belong equally to both (A.R.S. § 25-211). At dissolution, the court divides that community estate equitably (A.R.S. § 25-318), a division measured by fairness that is usually, though not always, an equal split. Separate property owned before the marriage, or received by gift or inheritance, generally stays with the spouse who owns it. Sorting which assets fall into the community estate is often the most consequential part of preparing an Arizona petition.

Arizona Requirements for Divorce Petition

Residency (State)
Spouses must meet the residency requirement: One spouse must have been domiciled in Arizona (or stationed there while a member of the armed services) for at least 90 days before filing the petition , A.R.S. §....
Residency (County)
Must file in the correct county Superior Court the Superior.
Grounds for Divorce
Must properly plead grounds: Pure no-fault for standard marriages: the court must find the marriage is 'irretrievably broken' , A.R.S. § 25-312(3). (Covenant marriages under A.R.S. § 25-903 are the only exception, requiring enumerated....
Waiting Period
Mandatory waiting period: 60 days. The court cannot enter a decree of dissolution until at least 60 days after service of process on,....
Required Forms
Must file correct state forms: Petition for Dissolution of Marriage (Without/With Minor Children) and Summons..
Property Division
Property is divided according to: Community property , A.R.S. § 25-211 (property acquired during marriage is community property); the court... laws.
Filing Fee
Filing fee is typically Approximately $349 (initial petition filing fee; varies slightly by county,... unless waived.
Service of Process
The Respondent must be properly served with the summons and petition.

Frequently Asked Questions

What is a divorce petition in Arizona?

What is the difference between a divorce petition and a dissolution of marriage in Arizona?

How long must I live in Arizona before filing for divorce?

What are the grounds for divorce in Arizona?

Do we have to be separated before filing in Arizona?

How long does a divorce take in Arizona?

How much does it cost to file a divorce petition in Arizona?

How is property divided in an Arizona divorce?

Introduction

Key Things to Know

Key decisions before you file

Customize your Divorce Petition Template with DocDraft

Arizona Dissolution of Marriage: What Filing a Petition Requires

The No-Fault Standard

Where and How You File

The 60-Day Waiting Period

Dividing What You Own

Arizona Requirements for Divorce Petition

Residency (State)

Residency (County)

Grounds for Divorce

Waiting Period

Required Forms

Property Division

Filing Fee

Service of Process

Frequently Asked Questions