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community propertyNo-Fault Only

Divorce in Arizona

Arizona is a community property state where marital assets are generally divided 50/50 in a divorce. The state only allows no-fault divorce based on the irretrievable breakdown of the marriage. A 60-day waiting period applies after serving the petition.

Quick Facts

Residency Requirement

90 days residency required

Waiting Period

60 days after service

Filing Fee

$300-$400

Property Division

community property

Grounds for Divorce

  • β€’Irretrievable breakdown of the marriage

Key Facts

  • β˜…Arizona is a community property state dividing assets roughly 50/50
  • β˜…Only no-fault divorce is available
  • β˜…A 60-day waiting period begins after serving the other spouse
  • β˜…At least one spouse must have lived in Arizona for 90 days
  • β˜…Covenant marriages require specific fault grounds or extended separation

Child Custody

Arizona courts use the best interests of the child standard and encourage joint legal decision-making. The court considers each parent's relationship with the child, the child's adjustment to home and school, and any history of domestic violence.

Alimony / Spousal Support

Arizona courts may award spousal maintenance when a spouse lacks sufficient property to provide for their needs or is unable to be self-sufficient. Duration and amount depend on the length of the marriage and each party's financial resources.

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FAQs

Common questions about divorce in Arizona

Arizona is a community property state, so marital assets and debts are generally divided equally (50/50) between the spouses. Separate property acquired before the marriage or by gift/inheritance typically remains with the original owner.

A covenant marriage is a special type of marriage in Arizona that requires pre-marital counseling and limits the grounds for divorce. Couples in a covenant marriage must prove fault grounds like adultery, abandonment, or abuse, or live separately for at least two years before divorcing.

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