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Arizona Divorce: Everything You Need To Know

By Even Staff | Edited By Even Staff

Updated On January 25, 2024

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Navigating the complexities of an Arizona divorce requires a thorough understanding of the state's legal landscape. Whether you're contemplating or are in the throes of an Arizona divorce, it's imperative to arm yourself with the right knowledge. This comprehensive guide aims to provide a detailed overview of an Arizona divorce, preparing you for the road ahead.

In this definitive guide to Arizona divorce, you'll learn everything you need to know, including: 

How do you file for divorce in Arizona? 

Embarking on an Arizona divorce requires one to be familiar with specific legal steps to ensure the process is as smooth as possible:

  • Initiation with Documentation: The process begins when one spouse, the petitioner, files a "Petition for Dissolution of Marriage" with their county's Superior Court.
  • Venue Selection: The filing should be in the county where one of the spouses resides.
  • Serving of Documents: The respondent, or the other spouse, needs to be formally served with divorce papers.
  • Response: The respondent has a specific time frame, typically 20 days (or 30 days if served outside of Arizona), to respond to the petition.
  • Temporary Orders: While the divorce is pending, the court can issue temporary orders related to aspects such as child custody, child support, or spousal maintenance.
  • Negotiation and Mediation: Before heading to a court trial, couples often attempt to resolve issues through mediation or direct negotiations.
  • Finalization: Once agreements are reached or a trial has taken place, a judge will finalize the divorce, officially ending the marriage.

What are the residency requirements for an Arizona divorce? 

In Arizona, there are specific residency criteria that must be met to ensure the court has jurisdiction over the divorce proceedings:

  • Duration Criterion: Before initiating divorce proceedings, at least one of the spouses must have lived in Arizona for a minimum of 90 days. This residency requirement confirms that Arizona courts have the authority to make decisions related to the dissolution of the marriage.
  • Military Personnel: Arizona holds a special provision for members of the armed services. If they are stationed in Arizona as part of their military service, they must have been so for at least 90 days before they are eligible to file for divorce in the state. This rule is in place recognizing the unique challenges and dynamics military personnel might face.
  • Domicile vs. Residency: It's important to note the distinction between mere residency and domicile. While residency refers to physical presence, domicile is about intent. The individual must not only reside in Arizona but also intend to remain or return, making it their permanent home. Factors like obtaining an Arizona driver's license, owning property, or having local employment can reinforce this intent.
  • Importance of Meeting Residency Requirements: Failing to meet the residency criteria can lead to a dismissal of the divorce case. This means parties would need to wait until the requirements are met or consider filing in another state where the criteria are satisfied.

What are the grounds for divorce in Arizona? 

Arizona simplifies the grounds for divorce by primarily being a "no-fault" state, but there are nuances to understand:

  • No-Fault Principle: The main premise in an Arizona divorce is that neither spouse needs to prove the other did something wrong leading to the end of the marriage. Instead, one party just needs to assert that the marriage is "irretrievably broken" with no hope for repair. This reduces the emotional strain and adversarial nature that might arise when assigning blame.
  • Covenant Marriage Exception: While the no-fault principle applies broadly, Arizona recognizes something called a covenant marriage, which is a marriage type that couples can opt into at the beginning of their union. It comes with its own set of requirements and counseling provisions. If a couple in a covenant marriage seeks divorce, the no-fault principle doesn't automatically apply. Instead, they must prove specific grounds, such as:
    • Adultery: One spouse engaged in an extramarital affair.
    • Abandonment: One spouse has been deserted by the other for a certain length of time.
    • Abuse: This could include physical or sexual abuse of a spouse or child.
    • Living Apart: The spouses have been living separately for a specified period.
    • Drug or Alcohol Addiction: One spouse has a severe and continuous drug or alcohol problem.
    • Other Grounds: These might include imprisonment of a spouse for a certain number of years, legal separation pursued by one spouse, or both spouses' desire to end the covenant marriage.

Benefits of No-Fault: The no-fault approach encourages a more straightforward, less confrontational process. Couples can focus on resolution rather than diving into potentially painful or contentious details of marital misconduct.

How to get a quick divorce in Arizona 

Navigating the path to divorce involves not only emotional but also legal intricacies. The duration of the divorce process in Arizona varies based on the nature of the divorce and the cooperativeness of both parties. Here's a deeper look into how one can expedite the process:

  • Uncontested Divorce: This is the quickest form of divorce in Arizona. In an uncontested divorce, both spouses agree on all terms, including property division, child custody, and alimony. Because there's no need for prolonged court battles or negotiations, the process moves more swiftly.
  • 60-Day Waiting Period: Regardless of the type of divorce, Arizona mandates a 60-day waiting or "cooling-off" period from the day the respondent (the spouse who didn't file) is served with divorce papers. This period is designed to provide couples with an opportunity to reconsider the decision or attempt reconciliation.
  • Paperwork and Documentation: Streamlining the paperwork can significantly expedite the process. Ensuring all required documents are accurately completed, signed, and filed can prevent delays.
  • Mediation and Settlement Conferences: If there are minor disagreements, couples can opt for mediation or settlement conferences. These methods are often quicker and less adversarial than court trials.
  • Legal Counsel: Engaging an attorney, especially one experienced in Arizona's divorce laws, can streamline the process. They can provide guidance on quick resolutions and potential pitfalls to avoid.
  • Final Decree: Once all matters are settled and the waiting period has passed, the court can issue a final decree, officially ending the marriage. If there are no disputes, this can happen relatively soon after the 60-day period.

Does Arizona require separation before divorce? 

In Arizona, the path to divorce is straightforward in terms of separation prerequisites:

  • No Formal Separation Needed: Unlike some states, Arizona doesn't necessitate a formal separation period before one can file for divorce. This means that spouses don't need to live apart for a specified duration before starting the divorce process.
  • Mandatory 60-Day Waiting Period: While there's no separation requirement, Arizona has a 60-day waiting or "cooling-off" period post the initial divorce filing. This period must elapse before the court can finalize the divorce. It's designed to give couples a window to potentially reconcile or rethink the decision to divorce.
  • Living Apart During the Waiting Period: Although it's not a formal requirement, many couples choose to live separately during this waiting period for personal or logistical reasons.
  • Legal Separation vs. Divorce: It's crucial to distinguish between legal separation and divorce. While both involve a legal process, a legal separation doesn't end the marriage. Some couples opt for legal separation due to religious beliefs, financial reasons, or as a precursor to divorce. If considering this route, understanding the legal implications and differences is essential.

What is the cost of an Arizona divorce?

Venturing into a divorce is not only emotionally taxing but can also weigh heavy on one's finances. The costs of a divorce in Arizona can be diverse, depending on the intricacies involved:

  • Court Filing Fees: The most predictable cost is the fee for filing the divorce petition. These fees are set by the state and might vary slightly depending on the county.
  • Legal Representation: If either or both spouses hire an attorney, particularly for contested divorces, attorney fees can significantly increase the cost. The complexity of the case, the attorney's experience, and the length of the proceedings can all influence these fees.
  • Mediation and Counseling: For couples who decide to pursue mediation as an alternative to a court trial, there are associated fees. While this can sometimes be a cost-saving step, it's an additional expense to consider.
  • Expert Consultations: Complicated divorces might necessitate the involvement of financial experts, real estate appraisers, child custody evaluators, or therapists. These professional services add to the divorce cost.
  • Additional Court Costs: If there are motions filed during the process, or if multiple court visits are required, additional court fees might apply.
  • Post-Divorce Modifications: If, after the divorce is finalized, either party seeks modifications to the agreement (like changes to child custody or support), this could lead to additional legal expenses.

While uncontested divorces where both parties are in agreement might cost only a few hundred dollars (primarily court filing fees), contested divorces with numerous complications can venture into the thousands or even tens of thousands of dollars.

How long does an Arizona divorce take? 

The duration of a divorce process in Arizona is influenced by various factors:

  • Mandatory Waiting Period: Regardless of the situation, Arizona mandates a 60-day waiting period post the initial filing of the divorce.
  • Uncontested vs. Contested: An uncontested divorce, where both parties are in agreement on all issues, is relatively straightforward and can typically conclude shortly after the waiting period. Contested divorces, where there are disputes on issues like property division or child custody, can significantly prolong the process.
  • Court Calendar: The court's schedule can also influence the divorce timeline. If the court has a backlog or if multiple hearings are needed, this can add to the duration.
  • Mediation and Negotiations: Before progressing to court trials, many couples opt for mediation or negotiations to resolve disputes. The length of these discussions varies based on the parties' willingness to cooperate and the complexity of the issues at hand.
  • Complicated Issues: Divorces involving intricate financial assets, businesses, or contentious child custody battles can extend the timeline as these matters require careful scrutiny and deliberation.

While the minimum duration for any Arizona divorce is 60 days, complexities and disputes can extend this to several months or, in rare cases, even years.

How does Arizona handle marital property division? 

The division of assets and debts in Arizona divorces is rooted in the "community property" principle, which has its own nuances:

  • Community Property Definition: Any assets or debts accumulated during the marriage are typically considered community property. This means both spouses have equal ownership, regardless of whose name the asset or debt is in or who earned or spent the money.
  • Separate Property: Assets or debts that one spouse acquired before the marriage or received as a gift or inheritance during the marriage generally remain the separate property of that spouse. It's crucial to maintain clear records to demonstrate the separate nature of these assets.
  • Equal Division: The starting principle in Arizona is that marital assets and debts are divided equally between spouses. However, this doesn't necessarily mean each asset is split down the middle. Instead, each spouse typically receives a mix of assets and debts that, in total, is roughly equivalent in value.
  • Factors Influencing Division: While the baseline is a 50/50 division, certain factors can shift this balance:
  • Economic Circumstances: If one spouse is significantly better equipped to earn income post-divorce, it might influence property division.
  • Misconduct or Waste: If one spouse wastefully spent marital funds or hid assets, the court might adjust the division to compensate the other spouse.
  • Custody of Children: If one spouse is granted primary custody of the children, they might be awarded the family home to ensure stability for the children.
  • Debts: Like assets, any debts accumulated during the marriage are considered community obligations and are typically divided equally.

How does child custody work in Arizona? 

The state prioritizes the child's best interests when making custody decisions:

  • Legal vs. Physical Custody: Legal custody pertains to decision-making rights about the child, while physical custody determines where the child lives. Both can be joint or sole.
  • Factors in Custody Decisions: Courts consider elements like the child's relationship with each parent, each parent's ability to provide stability, any history of domestic violence or child abuse, and the child's preferences (if old enough).

How does child support work in Arizona? 

Child support in Arizona is designed to ensure that both parents contribute to the financial well-being of their children. The state has established guidelines to help determine the appropriate amount of support:

  1. Child Support Guidelines: Arizona’s guidelines provide a framework that calculates child support based on various factors. The primary objective is to ensure children maintain a standard of living that closely resembles what they would have enjoyed had their parents remained together.
  2. Support Calculation: The calculation takes into account several variables:
    • Parents' Gross Incomes: Both parents' monthly earnings are pivotal in the formula.
      Childcare and Education Costs: Daycare expenses, tuition fees, or any special educational needs are considered.
    • Medical and Health Insurance Expenses: The costs of health insurance premiums and any out-of-pocket medical expenses play a role.
    • Number of Children: The amount typically increases with the number of children involved.
    • Time each parent spends with the child: The more time a non-custodial parent spends with their child, the more the child support amount might be adjusted.
  3. Adjustments and Deviations: While the guideline amount is a starting point, the court recognizes that every family's situation is unique. If it's in the best interest of the child, and after considering both parents' arguments, the court can adjust the standard amount. This might be due to special needs, extraordinary costs, or other circumstances that make the guideline amount inappropriate.
  4. Modification: Life is dynamic, and circumstances change. Child support orders can be reviewed and adjusted if there's a significant change in a parent's income, the child's needs, or other major factors.
  5. Enforcement: The Arizona Department of Economic Security's Division of Child Support Services ensures parents comply with child support orders. Non-compliance can result in penalties ranging from wage garnishment to legal action.

How is alimony determined in Arizona? 

Alimony, more commonly referred to as spousal maintenance in Arizona, is awarded to ensure one spouse doesn't face economic hardships after the divorce. It's not an automatic right; instead, it's based on specific criteria:

  1. Eligibility: Before delving into amounts and durations, the court first determines if a spouse is eligible for maintenance. Questions addressed include:
    • Is the spouse lacking in property to provide for their reasonable needs?
    • Is the spouse unable to be self-sufficient through employment, or are they the custodian of a child whose age or condition prohibits them from working?
    • Did the spouse contribute significantly to the other's educational opportunities during the marriage?
  2. Factors in Alimony Decisions: Once eligibility is established, the court then determines the amount and duration of the maintenance, taking into account various factors:
    • Standard of Living: The lifestyle maintained during the marriage serves as a reference.
    • Duration of the Marriage: A longer marriage might lead to a stronger alimony claim, especially if one spouse became financially dependent over time.
    • Age, Physical, and Emotional Condition: The age, health, and emotional state of the spouse seeking alimony can affect the decision.
    • Financial Resources: The court reviews both the seeking spouse's financial situation and their future earning potential.
    • Contributions to the Marriage: This doesn't solely mean financial contributions. Non-monetary contributions, such as homemaking, child-rearing, or supporting the other spouse's career, play a pivotal role.
    • Time Needed for Training/Education: If the spouse seeking alimony requires training or education to find suitable employment, the court might consider this in its decision.
    • Misconduct: Arizona doesn’t usually consider marital misconduct in determining alimony. However, excessive wasteful spending or hiding marital assets might influence the decision.
  3. Duration of Alimony: Spousal maintenance can be temporary (during the divorce proceedings), short-term (allowing the recipient time to become financially independent), or long-term (especially in marriages that lasted for many years).

Arizona Divorce: Frequently Asked Questions

How is community property divided in Arizona? 

In Arizona, community property is typically split equally, but the court can make adjustments based on various factors.

Who gets the house in an Arizona divorce? 

The court will consider factors like child custody arrangements and each party's financial situation to decide. It could be sold and proceeds split, or one party might get the house but compensate the other in assets or cash.

How is debt divided in an Arizona divorce? 

Debts incurred during the marriage are usually divided equally, but the court can consider factors like who incurred the debt and for what purpose.

Can I refuse to pay alimony in Arizona? 

If the court orders spousal maintenance, you must comply. Refusing to pay alimony in Arizona can result in legal penalties, including wage garnishment.

What if my ex-spouse refuses to pay child support? 

Arizona's Department of Economic Security has enforcement mechanisms, including wage garnishments, tax intercepts, and license suspensions to ensure compliance.

Are marital fault or reasons for divorce considered in property division? 

No, since Arizona is a no-fault state, the reasons for divorce aren't typically considered in property division.

How can I modify a child custody order in Arizona? 

To modify a child custody order, you need to demonstrate a substantial change in circumstances and that the change is in the best interests of the child.

Does Arizona recognize common-law marriages? 

No, Arizona does not recognize common-law marriages.

What happens if we reconcile and want to stop the divorce? 

If couples reconcile, they can request the court to dismiss the divorce proceedings.

How are retirement accounts divided in an Arizona divorce? 

Retirement accounts acquired during the marriage are usually split equally in an Arizona divorce. The exact method of division can vary based on the type of account and its regulations.