How long does a divorce take in Arizona?

What the law says

Arizona sets a minimum wait. Section 25-329 of the Arizona Revised Statutes says the court cannot consider a motion for the decree, or hold a trial or hearing on it,

“until sixty days after the date of service of process or the date of acceptance of process.”

So the clock starts when your spouse is served with the papers, or accepts them, under section 25-329 of the Arizona Revised Statutes. It does not start on the day you file. The fastest an Arizona divorce can end is 60 days after service.

A minimum, not a maximum. Section 25-329 of the Arizona Revised Statutes sets no upper limit. A divorce can take longer when the spouses disagree about children, support or property, and the statute does not say how long that takes.

Where you can file. Under section 25-312(A) of the Arizona Revised Statutes, when the case starts, one spouse must have been domiciled in Arizona for the 90 days before filing. A member of the armed services stationed in Arizona for those 90 days also qualifies.

The ground. Under section 25-312(A) of the Arizona Revised Statutes, the court grants a divorce when it finds the marriage is irretrievably broken. Section 25-312(D) says:

“A finding that the marriage is irretrievably broken is a determination that there is no reasonable prospect of reconciliation.”

What changes the answer

If your spouse agrees. Under section 25-312(B) of the Arizona Revised Statutes, when both spouses state under oath that the marriage is irretrievably broken, or one says so and the other does not deny it, the court makes its finding on that point.

If your spouse denies it. Under section 25-312(C) of the Arizona Revised Statutes, the court must hold a hearing on the chances of reconciliation. It may then decide, or put the case off for up to 60 more days and order a conciliation conference. At the next hearing it must decide.

The only defense. Under section 25-314(C) of the Arizona Revised Statutes, the only defense to a divorce petition is that the marriage is not irretrievably broken. Under section 25-314(B), either spouse may start the case.

Covenant marriages. Under sections 25-312 and 25-314 of the Arizona Revised Statutes, a covenant marriage can end only on the grounds listed in section 25-903, which this page does not describe.

What the petition must say. Under section 25-314(A) of the Arizona Revised Statutes, it gives each spouse’s birth date, job, address and time living in Arizona, the date and place of the marriage, the children, and any agreements on support and parenting.

Domestic violence. Under section 25-314(E) of the Arizona Revised Statutes, a victim of domestic violence does not have to give their home address. A way to reach them, such as a post office box or their lawyer’s address, is enough.

Property. Under section 25-318(A) of the Arizona Revised Statutes, each spouse keeps their own separate property. The court divides community property equitably, though not necessarily in kind, without regard to marital misconduct.

Property bought elsewhere. Under section 25-318(A) of the Arizona Revised Statutes, property either spouse got outside Arizona is treated as community property if it would have been community property had it been acquired in Arizona.

Property left out of the decree. Under section 25-318(D) of the Arizona Revised Statutes, shared property the decree does not deal with is held by the former spouses as tenants in common, each owning an undivided half.

What else the court decides. Under section 25-312(E) of the Arizona Revised Statutes, the court also provides for legal decision-making and parenting time, child support, spousal maintenance and the division of property, where it has the power to.

Debts. Under section 25-318(H) of the Arizona Revised Statutes, an order giving a community debt to one spouse binds only the spouses. It does not by itself release either spouse from what they owe the creditor.