Divorce in Arizona
Arizona is a community property state where the court divides community property equitably, though not necessarily in kind. The state only allows no-fault divorce based on the irretrievable breakdown of the marriage. A 60-day waiting period applies after serving the petition.
Quick Facts
Residency Requirement
90 days residency required
Waiting Period
60 days after service
Filing Fee (approximate, varies by county)
$300-$400
Property Division
community property
Grounds for Divorce
- Irretrievable breakdown of the marriage
Key Facts
- Arizona is a community property state; community property is divided equitably, without regard to marital misconduct
- Only no-fault divorce is available
- A 60-day waiting period begins after serving the other spouse
- At least one spouse must have lived in Arizona for 90 days
- Covenant marriages require specific fault grounds or extended separation
Child Custody
Arizona courts use the best interests of the child standard and encourage joint legal decision-making. The court considers each parent's relationship with the child, the child's adjustment to home and school, and any history of domestic violence.
Alimony / Spousal Support
Arizona courts may award spousal maintenance when a spouse lacks sufficient property to provide for their needs or is unable to be self-sufficient. Duration and amount depend on the length of the marriage and each party's financial resources.
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FAQs
Common questions about divorce in Arizona
Arizona is a community property state. The court assigns each spouse their separate property and divides community property and debts equitably, though not necessarily in kind, without regard to marital misconduct. Separate property acquired before the marriage or by gift/inheritance typically remains with the original owner.
A covenant marriage is a special type of marriage in Arizona that requires pre-marital counseling and limits the grounds for divorce. A covenant marriage can be dissolved only on grounds listed in the statute, such as adultery, abandonment for a year, abuse, living apart for two years, or both spouses agreeing to the divorce.