Steps to File for Divorce in Arizona

What steps are required for filing for divorce in Arizona?

Filing for divorce (also called dissolution of marriage) in Arizona involves several legal steps and timelines designed to ensure fairness and clarity for both spouses. Understanding the process can help you prepare emotionally and financially for what’s ahead.

1. Confirm You Meet Arizona’s Residency Requirement

Before filing, at least one spouse must have lived in Arizona for a minimum of 90 days.
If you share minor children, they must have lived in Arizona for at least six months before the court can make custody orders.

This determines whether an Arizona court has jurisdiction over your case.

2. File a Petition for Dissolution of Marriage

The process begins when one spouse (the Petitioner) files a Petition for Dissolution of Marriage in the Superior Court of their county.

This document outlines details such as:

Date of marriage and separation
Requests for property division
Spousal maintenance (alimony)
Child custody, parenting time, and child support (if applicable)

There is a filing fee, though fee waivers may be available for those with financial hardship.

3. Serve the Divorce Papers

After filing, the Petitioner must serve the other spouse (the Respondent) with copies of all documents through an approved method — typically by process server, sheriff, or certified mail.

The Respondent then has 20 days to respond (or 30 days if they live out of state).
If they do not respond, the Petitioner may request a default judgment.

4. Exchange Financial Disclosures

Both parties must exchange financial affidavits detailing income, assets, debts, and expenses.

This transparency ensures fair decisions on property division, child support, and spousal maintenance.
Failing to disclose accurately can have serious legal consequences.

5. Request Temporary Orders (If Needed)

During the waiting period, either spouse can request temporary court orders to handle immediate issues such as:

Custody and parenting time
Child support and spousal support
Who stays in the marital home
Payment of shared bills

These remain in effect until the final decree is entered.

6. Negotiate or Mediate Settlement Terms

Arizona encourages spouses to resolve disputes through negotiation or mediation rather than trial.

If you can agree on all terms — custody, support, and division of assets — the court can approve your consent decree, finalizing the divorce more quickly and affordably.

7. Attend Court Hearings (If Needed)

If you and your spouse cannot agree, the case proceeds to court.
A judge will hear evidence and issue decisions on unresolved matters.

In contested cases, this can take several months depending on complexity and scheduling.

8. Obtain the Final Decree of Dissolution

Once all issues are resolved — either by agreement or court ruling — the judge signs a Decree of Dissolution of Marriage.

This legally ends the marriage and includes orders for custody, support, and division of assets.

The earliest a divorce can be finalized in Arizona is 60 days after service, though contested cases may take significantly longer.

9. Follow Post-Decree Requirements

After the decree, each spouse must:

Transfer property titles or accounts as ordered
Update beneficiary designations
Comply with custody or support terms

If either party violates the decree, enforcement actions can be filed with the court.

Key Takeaways

Arizona is a no-fault divorce state, meaning you don’t need to prove wrongdoing — only that the marriage is “irretrievably broken.”
The process is governed by Arizona Revised Statutes Title 25.
Working with a qualified family law attorney helps you navigate paperwork, deadlines, and protect your rights during negotiation or trial.

Need Help Starting the Process?

The experienced family law attorneys at Davis Miles can guide you through every step — from filing and financial disclosures to mediation and final judgment.

We’ll help you make informed decisions and move forward with confidence.