Divorce is never easy—legally, emotionally, or financially. Whether you’re initiating the process or responding to a petition, navigating divorce in Arizona involves many critical decisions that will shape your future and the future of your children, finances, and property. At Stuart & Blackwell, we help clients approach divorce with clarity, confidence, and a deep understanding of their rights and options under Arizona law.
This guide breaks down everything you need to know about getting divorced in Arizona—from eligibility and filing to custody, support, and final orders—so you can make informed decisions during one of life’s most challenging transitions.
Is Arizona a No-Fault Divorce State?
Yes. Arizona is a “no-fault” divorce state, which means you don’t need to prove wrongdoing like adultery or abuse to be granted a divorce. Instead, one spouse simply needs to state that the marriage is “irretrievably broken,” and the court will generally accept that as sufficient grounds.
However, there is one exception: if you entered into a covenant marriage, you may be required to prove specific fault-based grounds such as abuse, abandonment, or substance abuse in order to file for divorce.
Who Can File for Divorce in Arizona?
To file for divorce (called “dissolution of marriage”) in Arizona, you or your spouse must meet the following requirements:
- Residency Requirement: At least one spouse must have lived in Arizona for a minimum of 90 days prior to filing.
- For Military Members: You qualify if you’ve been stationed in Arizona for 90 days or more.
Key Steps in the Arizona Divorce Process
Divorce is a legal proceeding, and like any legal matter, it unfolds through a series of structured steps. Here’s what to expect:
1. Filing the Petition
The process starts when one spouse (the “petitioner”) files a Petition for Dissolution of Marriage with the Superior Court in the appropriate Arizona county—typically where either spouse resides.
2. Serving the Papers
Once filed, the petitioner must serve the divorce papers to the other spouse (the “respondent”). This can be done via a process server or certified mail, and the respondent then has 20 days (30 if out of state) to file a response.
3. Temporary Orders (if needed)
While the divorce is pending, either party can request temporary orders to address:
- Parenting time and decision-making
- Child or spousal support
- Use of the marital home
- Payment of bills or debts
These orders help maintain stability and safety during the proceedings.
4. Financial Disclosures
Both parties are required to fully disclose all financial information, including income, assets, debts, expenses, and retirement accounts. Hiding or failing to disclose assets can result in serious legal consequences.
5. Negotiation or Mediation
Many divorces are resolved outside of court through settlement negotiations or mediation. Arizona encourages alternative dispute resolution to reduce conflict and costs.
If both parties can reach agreement on all major issues—such as custody, property division, and support—the court will incorporate these terms into the final divorce decree.
6. Trial (if no agreement)
If no agreement is reached, the case goes to trial, where a judge makes final decisions on all unresolved matters. Stuart & Blackwell provides experienced courtroom representation to ensure your voice is heard and your interests are protected.
7. Decree of Dissolution
Once all issues are resolved, the judge issues a Decree of Dissolution of Marriage, which legally ends the marriage and sets the terms for custody, support, and property division.
How Long Does Divorce Take in Arizona?
The soonest a divorce can be finalized is 60 days after the respondent is served, due to a mandatory “cooling off” period. However, most divorces take several months—and more complex cases (with contested custody or high assets) can take a year or more.
Child Custody and Parenting Time
In Arizona, custody is referred to as “legal decision-making authority” and “parenting time.” The court focuses on what’s in the best interest of the child, considering factors such as:
- The child’s relationship with each parent
- Each parent’s ability to provide a stable home
- The child’s adjustment to home, school, and community
- Any history of domestic violence or substance abuse
Legal Decision-Making Options:
- Joint Legal Decision-Making: Parents share responsibility for major decisions (education, health, religion).
- Sole Legal Decision-Making: One parent has final decision-making authority, typically granted when co-parenting isn’t feasible due to conflict or safety concerns.
Parenting Time:
The court aims to allow frequent, meaningful contact with both parents unless it would endanger the child. Parenting plans can be customized or court-ordered, depending on the situation.
Child Support in Arizona
Arizona follows the Arizona Child Support Guidelines, which take into account:
- Each parent’s income
- Parenting time distribution
- Costs of health insurance, childcare, and education
- Special needs of the child
Support is paid until the child turns 18 or graduates high school, whichever is later. Payments are typically managed through the Arizona Department of Economic Security (DES).
Division of Property and Debt
Arizona is a community property state, meaning assets and debts acquired during the marriage are generally split 50/50, unless a different division is equitable based on the circumstances.
Community Property Includes:
- Income earned during the marriage
- Real estate and vehicles
- Retirement accounts and pensions
- Debts like mortgages, credit cards, or loans
Separate Property Includes:
- Assets owned before the marriage
- Gifts or inheritances received by one spouse
- Property specifically protected by a prenuptial agreement
Our attorneys at Stuart & Blackwell will help ensure your financial disclosures are accurate, your rights are protected, and that the final property division is fair.
Spousal Maintenance (Alimony)
Spousal maintenance may be awarded to provide financial support to a lower-earning spouse. Factors considered include:
- Duration of the marriage
- Standard of living during the marriage
- Earning potential and education
- Age and health of each spouse
Alimony may be temporary (rehabilitative) or long-term in some cases. Arizona recently enacted spousal maintenance guidelines which provides a formula for the court to determine a range in the amount and duration of spousal maintenance.
Frequently Asked Questions
Can we get divorced without going to court?
Yes, if both parties agree on all issues, you can file a consent decree and avoid court altogether.
What if my spouse doesn’t respond to the divorce petition?
You may request a default judgment, allowing the court to proceed without their participation.
Do we need lawyers if we agree on everything?
While it’s not required, legal guidance ensures the agreement is enforceable and that your long-term rights are protected.
How Stuart & Blackwell Can Help
Divorce is personal. Whether your case is amicable or contested, simple or high-conflict, our attorneys at Stuart & Blackwell are here to advocate for you with clarity, compassion, and fierce legal expertise.
We help Arizona families with:
- Divorce filings and responses
- Temporary orders and emergency motions
- Custody and parenting plans
- Complex asset division and financial planning
- Negotiations and trial representation
- Post-divorce modifications
You don’t have to navigate divorce alone. We’ll help you take the next step with confidence.
Talk to a Trusted Divorce Attorney in Arizona
If you’re facing divorce—or simply exploring your options—contact Stuart & Blackwell for a confidential consultation. We proudly serve clients across Chandler, Phoenix, Mesa, Tempe, Gilbert, and Scottsdale, with personalized, strategic legal support every step of the way.