By Christie Nicholson, J.D. | Legally reviewed by Rhonda Earhart, Esq. | Last reviewed March 11, 2024
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Few people go into a marriage thinking they'll end up getting divorced. At a certain point, however, your marriage may become an unhappy union. When this happens, you may consider filing for divorce. Like most other states, Arizona has a unique divorce process.
Here, we will explain how the Arizona divorce process works. We'll also discuss whether you can demand alimony, child support, and custody of your minor children. Finally, we will provide links to helpful resources for the Arizona divorce laws.
It's helpful to understand a few important terms before we discuss the divorce process in Arizona. First, Arizona law uses the terms “divorce” and “dissolution” interchangeably. Some states refer to a dissolution when speaking about a simple, no-fault divorce. In Arizona family court, these words mean the same thing - the legal ending of a marriage.
Another term you should be familiar with is equitable distribution. This is when you and your soon-to-be ex-spouse divide your marital property and liabilities. This includes your marital home, personal property, bank accounts, retirement accounts, etc.
Arizona is one of only three states that recognize something they call a covenant marriage. People enter a covenant marriage when they want to prove they have a superior commitment to each other. They see their marriage as a contract made before their god. No other states except Arizona, Arkansas, and Louisiana allow for this type of union.
Finally, you should know that Arizona offers an uncontested divorce (no fault) and a fault-based dissolution. Most petitioners cite irreconcilable differences as the basis for their divorce. However, you have the option of citing specific grounds for divorce.
Now that we’ve reviewed the important terminology, let's discuss the other legal issues you’ll address when you file a petition for dissolution of marriage.
Arizona is a no-fault state. You don't have to explain why your marriage has broken down. All you must do is certify that your marriage is beyond saving and that there is no chance of conciliation.
Remember, there is no such thing as a no-fault divorce for people in a covenant marriage. Covenant marriages require a greater marital commitment, so it takes a greater effort to dissolve them. However, it can be simple if both parties agree to dissolve a covenant marriage.
If you are in a covenant marriage, you must provide specific information before you can get a divorce/dissolution.
Grounds for a covenant marriage dissolution include the following:
You must cite specific grounds for dissolution when you file your divorce petition. You must also provide proof that your spouse committed one of the above acts if they contest the allegations.
One of the reasons so many couples hire divorce lawyers is due to the complex divorce laws in Arizona. If you choose to represent yourself in your divorce case, you have every right to do so. If this is the case, make sure you understand the divorce process thoroughly.
Below, we provide information on Arizona’s divorce statutes. You can click on the links below for additional resources.
The following is a summary of the divorce laws in Arizona. Feel free to click on the links below for additional information. The sections we have listed below all fall within the Arizona Revised Statutes.
The Arizona divorce process begins when you file your Petition for Dissolution. There are separate forms for a dissolution with and without children. You must submit the correct form. If you don’t, the court clerk will return it to you. This will delay your divorce proceedings.
Either party may begin the process. The spouse who initiates divorce proceedings is the petitioner. The other party is the respondent.
At least one of the parties must be an Arizona resident for at least 90 days. This is per Arizona’s residency requirement.
The filing of the petition may also include the following:
"Order and Notice to Attend Parent Information Program Classes" refers to Arizona’s requirement that you complete the classes before it will issue your final divorce decree.
Judges issue "Temporary Orders" to make temporary decisions, including the following:
"Preliminary Injunctions" prevent spouses from the following:
After you file your petition, there is a 60-day waiting period. The 60 days starts when the process server delivers a copy of your divorce papers to the respondent. In Arizona, the courts require service of process unless your spouse signs a waiver.
Discovery involves both parties exchanging information pertinent to the divorce. Your divorce attorney will provide your spouse’s lawyer with financial documentation, a list of witnesses, and other relevant papers.
Once the parties receive the necessary information, they will begin settlement negotiations. Ideally, your attorney will be able to draft a settlement agreement that covers all legal issues. For example, if you and your spouse can agree on parenting time, things will move more quickly.
If the parties cannot reach a settlement, they may attend mediation. If they still cannot agree on the terms of the divorce, the court will schedule a trial. It’s important to remember that most couples try to resolve these issues between themselves.
The last thing you want to do is give the judge decision-making power. There is no guarantee that they will find in your favor. For example, your ex may be willing to pay spousal support, but not as much as you want. If this issue goes before a judge, they may decide you don’t deserve any alimony.
The same is true for the division of assets, debt division, and a parenting plan. Experienced counsel can help you decide whether taking unresolved issues to trial is in your best interest.
Your Arizona divorce lawyer will do their best to avoid a trial. Trials are not only expensive but time-consuming. Your trial may take anywhere from hours to days. It takes even longer if you have minor children or considerable assets. These tend to be the hardest issues for couples to agree on.
Imagine that during property division, your spouse demands half of a bank account you brought into the marriage. Your attorney will argue that this is separate property. The judge will decide whether they should divide this asset between the two of you.
After both sides present their arguments, the judge will issue a "Decree of Dissolution."
If you're married and want to get a divorce, you should consider discussing your situation with a skilled legal professional. Whether you have a standard marriage or a covenant marriage, a local family law attorney can help you navigate Arizona's divorce process.
Note: State laws are always subject to change through the passage of new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, please consult an attorney or conduct research to verify your state’s laws.
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