Filing in Arizona

To file for dissolution of marriage in Arizona, one spouse must have been domiciled in the state for at least 90 days before filing, under A.R.S. § 25-312. The petition is filed in the superior court — for most Phoenix-area families, the Superior Court in Maricopa County.

No-fault divorce

Arizona is a no-fault state. Neither spouse has to prove wrongdoing; the court only needs to find that the marriage is irretrievably broken. The exception is a covenant marriage, where the law requires specific grounds before a dissolution is granted.

The 60-day waiting period

Under A.R.S. § 25-329, the court cannot hold a hearing to decide the case until 60 days after service of the petition. In an uncontested case where both spouses agree on every issue, a consent decree can be submitted once the waiting period has run — often without either spouse ever appearing in court.

Community property

Arizona is a community property state. Property acquired by either spouse during the marriage is generally community property under A.R.S. § 25-211, and the court divides it equitably under A.R.S. § 25-318. Separate property — what each spouse owned before the marriage, or received by gift or inheritance — stays with that spouse. Dividing retirement accounts, businesses, and the family home is where an experienced attorney matters most.

Spousal maintenance

Spousal maintenance (alimony) is governed by A.R.S. § 25-319. The court first decides whether a spouse qualifies for maintenance, then applies the statewide spousal maintenance guidelines to determine the amount and duration. Maintenance is not automatic, and both eligibility and amount are frequently contested.

When children are involved

If you have minor children, the decree must also resolve legal decision-making and parenting time — what most people still call child custody — as well as child support under the Arizona Child Support Guidelines. These issues are decided by the best interests of the child, and they are often the most important part of the case.

Legal separation and annulment

Dissolution is not the only option. A legal separation divides property and resolves custody and support while leaving the marriage legally intact, and an annulment declares that a valid marriage never existed. We can help you decide which path fits your situation.

It is important to contact an experienced attorney early in a divorce. Decisions made at the temporary orders stage — who stays in the house, where the children live, who pays which bills — shape the rest of the case.

Divorce