Arizona is a no-fault divorce state. The sole ground for dissolution of marriage is that the marriage is irretrievably broken with no reasonable prospect of reconciliation. If one spouse states under oath that the marriage is irretrievably broken, the court will generally accept that as sufficient. Arizona also recognizes covenant marriages, which have additional grounds including adultery, abandonment, physical or sexual abuse, and living separately for at least two years.
To file for divorce in Arizona, one spouse submits a Petition for Dissolution of Marriage to the Superior Court in the county where either spouse resides. The petitioner must pay the filing fee, which varies by county but typically ranges from $250 to $365. The petition must then be formally served on the other spouse, who has 20 days to respond if served in Arizona or 30 days if served out of state. Arizona offers a simplified consent decree process for uncontested cases where both parties agree on all terms.
At least one spouse must have been domiciled in Arizona for a minimum of 90 days before filing the petition. Military personnel continuously stationed in Arizona for 90 days also satisfy this requirement. Domicile means the person considers Arizona their permanent home and intends to remain, which is distinct from merely being physically present in the state.
Arizona is one of nine community property states in the United States. Under Arizona law (A.R.S. §25-211), all property acquired by either spouse during the marriage is presumed to be community property, owned equally by both spouses regardless of who earned the income or whose name is on the title. Upon divorce, community property is generally divided equally between the spouses.
Property that one spouse owned before the marriage, received as a gift, or inherited during the marriage is considered separate property and is not subject to division. However, if separate property is commingled with community property—such as depositing an inheritance into a joint bank account—it may lose its separate character and become divisible. The court also considers community debts and will divide those equally unless doing so would be inequitable.
While the starting point is a 50/50 split, courts may deviate from equal division in cases involving excessive or abnormal spending by one spouse, destruction of community property, or fraud. The court also considers whether one spouse contributed to the education or career advancement of the other and the overall financial circumstances of each party.
Arizona uses the term "legal decision-making" instead of legal custody and "parenting time" instead of physical custody. Under A.R.S. §25-403, the court determines both legal decision-making authority and parenting time based on the best interests of the child. Arizona law does not favor either parent based on gender.
Legal decision-making can be awarded as sole (one parent makes major decisions) or joint (both parents share decision-making authority). Parenting time refers to the schedule under which each parent has the child in their care. Arizona courts generally favor maximizing each parent's parenting time to maintain meaningful relationships with both parents.
Arizona courts evaluate numerous factors including the past, present, and potential future relationship between the parent and child, the child's interaction with each parent and siblings, the child's adjustment to home and school, the mental and physical health of all parties involved, which parent is more likely to allow frequent and meaningful contact with the other parent, whether there has been domestic violence, and the child's wishes if the child is of suitable age and maturity. A parent convicted of or found to have committed domestic violence faces a rebuttable presumption against sole or joint legal decision-making.
Arizona requires a mandatory 60-day waiting period after the respondent is served before the court will finalize the divorce. An uncontested divorce with no children can be completed in approximately 60 to 90 days. Contested divorces may take six months to over a year, depending on the issues in dispute and court schedules.
A covenant marriage is a legally distinct type of marriage in Arizona that requires premarital counseling and limits the grounds for divorce. Couples in a covenant marriage cannot simply claim the marriage is irretrievably broken. Instead, they must prove specific fault grounds such as adultery, conviction of a felony, abandonment for at least one year, physical or sexual abuse, or that they have lived separately for at least two years.
Yes, Arizona is a community property state where the default presumption is that marital property and debts are divided equally. However, the court can order an unequal division if there are compelling reasons, such as one spouse wasting community assets or committing fraud.
Arizona law explicitly states that the court shall not prefer a parent's legal decision-making or parenting time based on the sex of the parent. Both mothers and fathers have equal standing when seeking custody, and the court focuses solely on the best interests of the child.