How do I file for divorce in Arizona?

Arizona divorce is called 'dissolution of marriage' under A.R.S. Title 25.

1. Residency Requirements — At least one spouse must have been an Arizona resident or stationed in Arizona for 90 days before filing.

2. No-Fault Ground — For ordinary marriages, the court must find the marriage is 'irretrievably broken' (A.R.S. § 25-312). Fault is not considered.

3. Covenant Marriage Exception — If the parties opted into a covenant marriage, fault grounds (adultery, abandonment, abuse, etc.) or 2-year separation may be required.

4. Required Forms — Petition for Dissolution of Marriage, Summons, Preliminary Injunction, Notice of Right to Convert Health Insurance, Sensitive Data Sheet, and (if children) a Parenting Plan and Notice Regarding Creditors.

5. Filing Fee — Approximately $349. Fee deferral or waiver available for low-income filers.

6. Service of Process — Sheriff, private process server, or Acceptance of Service. Respondent has 20 days to answer (30 days if outside Arizona).

7. Waiting Period — A minimum 60-day cooling-off period from the date of service must elapse before a decree can be entered.

8. Property Division — Arizona is a community property state. Property and debts acquired during marriage are community and divided 'equitably,' which usually means equally. Separate property remains with the original owner.

9. Final Decree — A Decree of Dissolution of Marriage signed by the judge ends the marriage. Default decrees are available if the respondent fails to answer.

This is legal information, not legal advice.