What a Divorce Involves
Divorce can be one of the most stressful times in your life. We explain each step and what the court will need to decide.
An Arizona divorce, officially called dissolution of marriage, can involve dividing community property and debts, spousal maintenance, child support, and legal decision-making and parenting time. Legal separation resolves the same issues, but the spouses stay married. If one spouse objects to a legal separation, the case can go forward as a divorce instead.
Arizona Basics
- At least one spouse must have lived in Arizona for 90 days before filing.
- The court cannot finalize a divorce until at least 60 days after the other spouse is served.
- Arizona is a no-fault state. The court does not need a reason beyond the marriage being irretrievably broken, except in a covenant marriage.
- Arizona is a community property state. Property and debts acquired during the marriage are generally divided equitably, which usually means about equally. Separate property, such as property owned before the marriage or received as a gift or inheritance, generally stays with its owner.
Documents for Your Consultation
What to Bring
- Petitions, orders, agreements, and hearing notices
- Recent pay stubs and tax returns
- Bank, retirement, property, and debt statements
- Your children’s current schedule
- Your questions
If you have been served with divorce papers, note the date. You generally have 20 days to respond if you were served in Arizona, or 30 days if you were served outside the state.
Common Questions
How long does a divorce take?
At least 60 days after service, by law. A case where the spouses agree on everything can finish soon after that. Contested cases take longer, depending on the issues and the court’s calendar.
Can we settle instead of going to trial?
Yes. Spouses who agree on every issue can submit a consent decree for the judge to approve. Agreeing on some issues also narrows what the court has to decide.
Do you handle divorces involving children?
Yes. Arizona uses the terms legal decision-making and parenting time for what is often called child custody.
Arizona property division statute
Arizona Judicial Branch family law information