Uncontested Divorce in Arizona
Uncontested Divorce in Arizona
An uncontested divorce means both spouses agree on every issue — property division, debts, spousal maintenance, and (if applicable) custody and child support. In Arizona, this agreement unlocks the fastest and least expensive path through the court system. But "uncontested" still means mandatory paperwork, a 60-day waiting period, and several procedural steps that trip up self-represented filers.
Two Uncontested Paths: Summary Consent vs. Traditional
Arizona offers two distinct routes for couples who agree on terms, and choosing the wrong one can cost you money or rights you cannot get back.
Summary Consent Decree (A.R.S. Section 25-314.01)
This is the fastest option. Both spouses sign and file the petition together on the same day. Key requirements:
- Both parties must agree on all terms before filing
- Both must permanently waive spousal maintenance (this is non-modifiable after the decree is signed)
- No formal service of process is needed — both spouses sign the joint petition
- The 60-day waiting period runs from the filing date, not a later service date
- Combined filing fees are lower than filing separately
Timeline: 60 to 120 days from filing to signed decree.
The major risk is the spousal maintenance waiver. If one spouse earns significantly less than the other, permanently giving up the right to maintenance to save on fees and time is a trade-off worth evaluating carefully.
Traditional Uncontested (Consent Decree)
One spouse files as petitioner, serves the other, and they jointly submit a Consent Decree reflecting their agreement. This path:
- Does not require waiving spousal maintenance
- Requires formal service of process (Acceptance of Service, certified mail, or process server)
- Starts the 60-day clock from the date of service, not filing
- Has higher combined fees since both parties pay separately
Timeline: 90 to 120 days.
What an Uncontested Divorce Costs in Arizona
The total cost depends on your county and how you handle service:
Filing fees — Range from approximately $188 (Santa Cruz County) to $376 (Maricopa County) for the petitioner. The respondent's fee ranges from roughly $103 to $287.
Service costs — If using Acceptance of Service (spouse signs voluntarily), the cost is zero beyond postage. A process server or sheriff runs $60 to $150. Summary Consent eliminates this cost entirely.
Parent Information Program — If you have minor children, both parents must complete a court-approved class within 45 days. Cost is $40 to $50 per person, available online.
AZTurboCourt e-filing — $6.50 per filing plus 3% credit card processing fee.
A typical uncontested divorce without an attorney runs between $300 and $700 total, depending on the county and service method. Compare that to $3,000 or more for a flat-fee attorney handling an uncontested case.
If you cannot afford the filing fee, you can apply for a fee deferral or waiver under A.R.S. Section 12-302. A waiver permanently forgives the fee for qualifying applicants (those receiving SSI or who are permanently unable to pay). A deferral is a temporary postponement — but signing it creates a consent judgment, meaning the court can send unpaid fees to collections 30 days after the final decree if you do not follow up with a supplemental application.
Step-by-Step Uncontested Process
- Confirm 90-day Arizona residency for at least one spouse
- Decide between Summary Consent and Traditional Uncontested
- Draft and sign a written agreement covering all property, debts, support, and custody terms
- Prepare the Petition, Consent Decree, and supporting documents
- File with the Superior Court in your county
- Complete service (Traditional path only)
- Both parents complete the Parent Information Program if children are involved
- Wait out the 60-day cooling-off period
- Submit the proposed Consent Decree to the judge
- Judge reviews, verifies class completion, and signs the decree
The Arizona Divorce Filing Process Guide covers both uncontested paths in detail, with a decision tree to help you choose the right one and deadline trackers to keep the process on schedule.
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