Divorce in Arizona (AZ)

If you are considering a divorce in Arizona, understanding the specific statutes that apply to your case is essential before you take any action. The rules governing residency, property division, support, and custody are set by state law — and Arizona's framework differs in important ways from other states.

Key Requirements at a Glance

Grounds for Divorce in Arizona

No-fault only: irretrievable breakdown (or in-home separation for covenant marriages)

Because Arizona is a no-fault state, courts do not examine marital misconduct when deciding whether to grant the divorce. However, fault can still be relevant in some states when determining property division or alimony.

Property Division: Community Property

Community property — assets and debts acquired during marriage split equally; separate property (pre-marital, gifts, inheritance) excluded

Separate property — assets owned before the marriage, inherited during the marriage, or received as a personal gift — is generally excluded from division. However, separate property can become "commingled" with marital property and lose its separate character if not carefully maintained. Real estate mortgages, retirement accounts, and business interests are particularly complex and often require a forensic accountant or QDRO specialist.

Alimony & Spousal Support

Spousal maintenance awarded based on lack of sufficient property, inability to be self-sufficient, child custody preventing employment, long marriage duration, or health. Amount and duration at court's discretion.

Temporary support (also called alimony pendente lite) may be ordered during the proceedings to maintain the status quo. Post-divorce support is a separate determination. Either party can request modification if there is a substantial change in circumstances — such as job loss, disability, or remarriage of the recipient.

Child Custody & Parenting Time

Arizona uses "legal decision-making" (major decisions) and "parenting time" (physical). Courts may award joint or sole legal decision-making. Best interests of the child governs; courts consider domestic violence history.

Courts distinguish between legal custody (decision-making authority over education, healthcare, and religion) and physical custody (where the child lives). Shared legal custody is common even when one parent has primary physical custody. Any parenting arrangement must be embodied in a written parenting plan submitted to and approved by the court.

Child support is calculated separately from custody and follows Arizona's statutory formula based on each parent's income, the custody split, and allowable deductions (healthcare, childcare). Support orders can be enforced through wage garnishment and are modifiable upon substantial change in circumstances.

Step-by-Step Filing Process in Arizona

1. File Petition for Dissolution: File in Superior Court of the county where you have resided for 90+ days.
2. Serve the Respondent: Personal service via process server or sheriff. Respondent has 20 days to respond (30 if out of state).
3. Preliminary Injunction Takes Effect: Automatic injunction upon filing prevents either party from disposing of assets or removing children from the state.
4. Disclosure and Exchange: Both parties must exchange Affidavit of Financial Information within 40 days of service.
5. Propose Parenting Plan: Required for all cases with minor children — outlines parenting time schedule and legal decision-making.
6. Consent Decree or Trial: File Consent Decree of Dissolution (uncontested) after 60 days or proceed to trial for contested issues.

Disclaimer: This page is for general educational information only. Divorce laws change frequently. Consult a licensed attorney in Arizona for advice specific to your situation.