How to File for Divorce in Arizona
How to File for Divorce in Arizona
Filing for divorce in Arizona without an attorney is straightforward once you understand the sequence — but the courts hand you a pile of blank forms and zero guidance on when to file what, or what happens if you get the order wrong. Here is the complete process from first eligibility check to signed decree.
Confirm You Meet Arizona's Residency Requirement
At least one spouse must have lived in Arizona for a minimum of 90 continuous days before filing (A.R.S. Section 25-312). Military personnel stationed in Arizona qualify under the same rule.
If you have minor children, there is a second, longer residency clock: the children must have resided in Arizona for at least six continuous months before the court can issue custody or parenting-time orders under the UCCJEA. Filing at 91 days when your children moved with you three months ago means the court can dissolve your marriage but cannot rule on custody — forcing you to litigate that in the state your children previously lived in.
Choose Your Filing Path
Arizona offers four procedural routes. Which one applies depends on your level of agreement with your spouse:
Summary Consent Decree — Both spouses agree on everything (property, debts, custody, support) from the start. You file jointly, skip formal service, and typically finalize in 60 to 120 days. Combined filing fees are lower, but both parties must permanently waive spousal maintenance.
Traditional Uncontested — You agree on terms but one spouse files as petitioner, serves the other, and submits a Consent Decree. Timeline: roughly 90 to 120 days.
Default Decree — The respondent is served but never files a response within the 20-day window. After applying for default and waiting 10 additional court days, the petitioner can submit a proposed decree. Timeline: 90 to 120 days.
Contested — The respondent disagrees on one or more issues. Expect mandatory Rule 49 financial disclosures, possible mediation, and a trial. Timeline: 6 to 18 months or longer.
Prepare and File Your Documents
You will need these core documents regardless of path:
- Petition for Dissolution of Non-Covenant Marriage
- Summons
- Preliminary Injunction (automatic upon filing — prohibits hiding assets or removing children from the state)
- Sensitive Data Cover Sheet (confidential, not served on your spouse)
- Notice of Health Insurance Coverage and Notice to Creditors
If you have minor children, add the Affidavit Regarding Minor Children (UCCJEA disclosure of children's addresses for the past five years).
File at the Superior Court in the county where either spouse lives. In most counties you can file electronically through the AZTurboCourt portal (expect a $6.50 transaction fee plus 3% credit card processing). Maricopa County requires electronic filing for many family cases.
Filing fees range from approximately $188 in Santa Cruz County to $376 in Maricopa County. If you cannot afford the fee, apply for a deferral or waiver under A.R.S. Section 12-302 at the time of filing.
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Serve Your Spouse
You cannot hand the papers to your spouse yourself. Arizona law requires service through one of these methods:
- Acceptance of Service — your spouse signs a notarized acceptance form voluntarily
- Certified mail with return receipt — service is complete when your spouse signs the green card
- Process server or sheriff — costs $60 to $150 depending on location
- Service by publication — a last resort if your spouse cannot be found after documented search efforts
You have 120 days from filing to complete service, or the court dismisses the case.
Wait Out the 60-Day Cooling-Off Period
Arizona imposes a mandatory 60-day waiting period from the date of service (A.R.S. Section 25-329). No hearing can be held and no decree can be entered until this period expires. If you have children, both parents must also complete a court-approved Parent Information Program within 45 days — failure to complete it can block the judge from signing your final decree.
Submit Your Final Decree
Once the 60 days have passed, submit your proposed decree (Consent Decree, Default Decree, or trial-issued decree) to the court. The judge reviews the paperwork, verifies parenting-class completion if applicable, and signs the decree. Copies are mailed to both parties.
The entire DIY process typically costs between $250 and $500 in court fees and service costs — compared to $3,000 or more for a flat-fee attorney on an uncontested case.
The Arizona Divorce Filing Process Guide walks you through every step with deadline trackers, county-specific fee tables, and fillable worksheets so nothing falls through the cracks.
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