How Divorce Works in Arizona
Arizona Is a No-Fault State
You don’t need to prove your spouse did anything wrong to get divorced in Phoenix. Under ARS 25-312, you can simply tell the court that the marriage is “irretrievably broken.” Fault doesn’t factor into property division or spousal maintenance in Arizona.
Community Property Rules Apply
Arizona is a community property state. That means most property acquired during the marriage belongs to both spouses equally. This includes income, retirement contributions, debts, and more. The court’s default starting point is typically a 50/50 split. But the court can adjust that through equitable division if one spouse has wasted or hidden marital assets.
Separate property is different. Anything you owned before the marriage, or received as a gift or inheritance in your name only, belongs to you. The problem is that after years of shared finances, the line between separate and community property is usually no longer clear. That’s why it ends up one of the most common sources of dispute in Arizona divorces.
You Need 90 days of Arizona Residency Before Filing
At least one spouse must have lived in Arizona for 90 days before the court will accept a divorce petition. If you haven’t hit that mark yet, you’ll need to wait before you can file.
There’s a Mandatory 60-Day Waiting Period
Once the petition is served on your spouse, Arizona law, under ARS 25-329, requires a minimum of 60 days before your divorce can be finalized. Most divorces take longer than that, especially when there are unresolved parenting or property division issues. But 60 days is the minimum.
Covenant Marriages Are Treated Differently
A small number of Arizona marriages are covenant marriages, governed under ARS 25-901. They require premarital counseling and can only be dissolved on specific fault grounds, such as adultery, abandonment, abuse, or imprisonment. If you’re not sure whether your marriage is a covenant marriage, check your marriage license.
The Arizona Divorce Process, Step by Step