How to File for Divorce in Arizona
Ending your marriage is a major life shift, but it doesn’t have to be overwhelming. All you need is the correct information and an experienced divorce attorney by your side to begin the process confidently.
Arizona’s Divorce Requirements
In most cases, at least one spouse must have lived in Arizona for 90 days before filing for divorce. If you have children, they must have lived in the state for at least six months before the court can address parenting time or legal decision-making authority.
As far as grounds for divorce, Arizona follows the “no-fault” divorce laws that have become the accepted norm in every state. This means you don’t need to prove wrongdoing to end the marriage—you can simply state to the court that the marriage is “irretrievably broken” and cannot be saved.
The only exception is if you are in a covenant marriage. Different rules apply here, and you must meet specific grounds, such as abuse, adultery, or abandonment, to file for divorce.
Steps to File for Divorce in Arizona
- Complete the required forms: Begin by filing a petition for dissolution of marriage. You can also request spousal support, parenting time orders, and details about divorce property division in the paperwork. Submit your documents to the Superior Court in your county to start the process.
- Serve your spouse: Arizona law requires that you legally notify your spouse by serving them with the divorce papers. If they live in Arizona, they have 20 days to respond. If they live outside the state, they have 30 days.
- Resolve disputes: If both spouses agree on all matters, it’s considered an uncontested divorce, which often resolves quickly. If disagreements persist, it becomes a contested divorce that may require mediation or court hearings.
- Finalize the divorce: Once all matters are settled, the court issues a divorce decree. This document makes your divorce official and records the terms for property division, spousal support, child support, parenting time, and more.
How Long Does the Divorce Process Take in Arizona?
The minimum time is 60 days from the date your spouse is served. An uncontested divorce can often be finalized soon after this waiting period ends. Contested divorces typically take longer, especially in cases with complex property division or disputes over legal decision-making authority.
Common Challenges When Filing for Divorce in Arizona
Even with clear laws and a defined process, divorce can be complicated. Prepare to face the challenges ahead with help from your attorney. These may include:
- Disputes over assets and debts
- Spousal and child support disagreements
- Different opinions about splitting parenting time
- Stress and uncertainty over what the future holds
Choose the Law Office of Hector A. Montoya, P.L.L.C.
Hector A. Montoya has over 30 years of family law experience in Tucson and Pima County. His background in business and finance equips him to handle high-asset divorces and business-related disputes. If you work with us, expect to communicate directly with Hector, who will provide clear guidance and prioritize your emotional well-being during this trying time. Contact us today to discuss your divorce filing and take the next step toward a brighter future.