Arizona Divorce Petition

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.