If you are considering divorce in Arizona, understanding the process from the very beginning can help you feel more prepared, more confident, and more in control of your future. Divorce is never easy, but knowing what to expect at each stage can take some of the uncertainty out of an already stressful situation. The attorneys at Genesis Legal Group have 100+ years of combined experience helping Arizona families navigate this process, and we are here to walk you through every step.
The first thing to understand is that Arizona is a no-fault divorce state. That means you do not need to prove that your spouse did anything wrong in order to file. The only legal grounds required are that the marriage is irretrievably broken and that there is no reasonable hope of reconciliation. You will also need to confirm to the court that you are aware Arizona offers reconciliation services, although most couples choose not to use them.
Before you can file, you must meet the residency requirement. At least one spouse must have lived in Arizona for a minimum of 90 days before filing the petition for dissolution of marriage. The other spouse does not need to be a resident of the state, which means even if your partner has moved out of Arizona, you can still file here as long as you meet the threshold.
The divorce process officially begins when one party files a petition for dissolution of marriage with the court. This document lays out the basic facts of your situation, including when and where you were married, that the marriage is irretrievably broken, and that you have been a resident of Arizona for at least 90 days. The petition should also include requests related to key issues in your case, such as spousal maintenance, child support, the division of property and debt, and a parenting plan if you have minor children.
Along with the petition, several additional documents are filed at the same time. These include a notice regarding health insurance, a notice to creditors letting them know a divorce is pending, and one of the most important documents in the early stages of any divorce: the preliminary injunction.
The preliminary injunction is a court order that automatically takes effect when the divorce is filed. It tells both parties what they can and cannot do while the case is pending. Most importantly, it prevents either spouse from disposing of any marital property during the divorce. Neither party can sell, transfer, hide, or destroy assets without a written agreement between both parties or a specific court order allowing it. This protection exists to keep the playing field level and ensure a fair process for everyone involved.
Once the petition is filed, it must be formally served on the other spouse. After service, Arizona law requires a mandatory 60-day waiting period before the court can finalize the divorce. This cooling-off period reflects the state's public policy of encouraging parties to be certain that divorce is the right decision. Even if both spouses agree on every single issue, the court cannot sign a final decree until that 60-day window has passed. In practice, this means that even the fastest, most straightforward uncontested divorce will take around 70 to 75 days from start to finish.
After being served, the other spouse has 20 days to file a response. If they do not respond within that time, the filing party can submit an application for default, which gives the other spouse an additional 10 days. If there is still no response, the court can enter a default dissolution based on the terms outlined in the original petition. In some default cases, the court may hold a brief hearing to ensure the best interests of any children are being served and that property division is fair and equitable.
