Getting Divorced in Arizona: A Legal Guide

At least one spouse must have been domiciled in Arizona for at least 90 days before filing for divorce. Verify that you or your spouse meets this requirement before proceeding with any paperwork.

Collect documents related to assets, debts, income, expenses, and children. This includes tax returns, bank statements, retirement account statements, property deeds, vehicle titles, loan documents, credit card statements, and children's records (birth certificates, school records, medical information).

This is the document that initiates the divorce process. It includes basic information about your marriage, children, property, and what you're asking the court to decide. In Arizona, you can file for a 'no-fault' divorce, meaning you only need to state that the marriage is 'irretrievably broken.' If you have a covenant marriage, different rules apply.

The Summons is a legal document that notifies your spouse that you've filed for divorce and that they have 20 days to respond if served in Arizona, or 30 days if served outside Arizona.

Take your completed Petition for Dissolution of Marriage, Summons, and other required forms to the Clerk of the Superior Court in your county. You'll need to pay a filing fee (approximately $300, though it varies by county). If you cannot afford the fee, you can apply for a fee waiver or deferral.

Your spouse must be legally notified of the divorce filing. This can be done through a process server, sheriff's deputy, or by having your spouse sign an Acceptance of Service form. Service must be completed according to Arizona rules, and proof of service must be filed with the court.

If you were served with divorce papers, you must file a Response within 20 days if served in Arizona, or 30 days if served outside Arizona. If you're the petitioner, be prepared to receive your spouse's Response. The Response addresses the statements in the Petition and states what the responding spouse wants from the divorce.

Both spouses must complete and exchange detailed financial disclosures. This document requires you to list all assets, debts, income, and expenses. Arizona Rule of Family Law Procedure 49 requires this exchange within 40 days of the Response being filed. Be thorough and honest—hiding assets can result in serious penalties.

If you have minor children, Arizona requires both parents to attend a Parent Information Program class. This must be completed within 45 days of service of the petition. The court will provide information on approved classes, which can often be taken online.

If you have minor children, you must create a detailed Parenting Plan that addresses legal decision-making authority (custody) and parenting time (visitation). Arizona law presumes that joint legal decision-making is in the child's best interest, but this can be overcome with evidence. The plan should be detailed and address holidays, transportation, communication, and how disputes will be resolved.

Arizona uses the Income Shares Model for calculating child support. You'll need to complete a worksheet using both parents' incomes and the amount of parenting time each parent has. The Arizona Judicial Branch website has an online calculator to help with this calculation.

Work with your spouse (and attorneys if applicable) to create an agreement that divides all marital property and debts. Arizona is a community property state, meaning most assets and debts acquired during marriage are divided equally, but separate property (owned before marriage or received as a gift/inheritance) typically remains with the original owner. The agreement should be comprehensive and clear to avoid future disputes.

If you're dividing retirement accounts like 401(k)s or pensions, you'll need a QDRO. This special court order instructs retirement plan administrators how to divide the accounts. Each retirement plan may have specific requirements, so consider consulting with a financial advisor or attorney who specializes in QDROs.

Many Arizona counties require mediation for couples who cannot agree on all issues, especially those involving children. Even if not required, mediation can be a cost-effective way to resolve disputes. The mediator doesn't make decisions but helps facilitate agreement.

If you and your spouse cannot agree on all issues, you'll need to attend court hearings where a judge will make decisions. Prepare by organizing all relevant documents and being ready to clearly explain your position on contested issues.

This document finalizes your divorce and contains all the court's orders regarding property division, debt allocation, spousal maintenance, child custody, and support. If you've reached a full agreement, you can submit this for the judge's approval. If not, the judge will issue the decree after trial.

If child support or spousal maintenance is ordered, a Wage Withholding Order is usually required. This document directs the paying spouse's employer to withhold support payments from their paycheck and send them directly to the Support Payment Clearinghouse.

Submit your Final Decree and any other required documents to the court for the judge's signature. If you've reached a full agreement, this may be done by mail or dropping off documents (called a 'consent decree'). Otherwise, these will be issued after your final hearing.

Once your divorce is finalized, you must follow through on all requirements in the decree. This may include transferring property titles, dividing accounts, setting up support payments, and following the parenting plan. Keep records of all transfers and payments.

Update your name (if changed), address, beneficiaries on insurance policies and retirement accounts, wills, powers of attorney, and other important documents. Notify relevant agencies and institutions of your divorce and any name change.