Divorce in Arizona
Arizona is a community property state where marital assets are generally divided 50/50 in a divorce. 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
$300-$400
Property Division
community property
Grounds for Divorce
- β’Irretrievable breakdown of the marriage
Key Facts
- β Arizona is a community property state dividing assets roughly 50/50
- β Only no-fault divorce is available
- β A 60-day waiting period begins after serving the other spouse
- β At least one spouse must have lived in Arizona for 90 days
- β 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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Common questions about divorce in Arizona
Arizona is a community property state, so marital assets and debts are generally divided equally (50/50) between the spouses. 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. Couples in a covenant marriage must prove fault grounds like adultery, abandonment, or abuse, or live separately for at least two years before divorcing.