Arizona Divorce Records

Arizona's divorce rate is currently around 2.3 per 1,000 residents, which is slightly lower than the national average of 2.4 per 1,000 total population. This means that approximately 2.3 out of every 1,000 married couples in the state are divorced. Generally, the divorce rate in Arizona has declined over the years, from 6.9 per 1,000 people in 1990 to 2.3 per 1,000 residents in 2022.

Arizona divorce records are created from the divorce process within the state and are generally maintained by the Superior Court clerk's offices. The types of divorce records available to the public in the state are divorce certificates and divorce decrees:

• Divorce Certificate - This is a single-paged court document showing that individuals listed in it are legally divorced. Typically, it contains the date of the divorce, the names of the divorced spouses, and the county where the divorce was finalized
• Divorce Decree - Usually containing multiple pages, a divorce decree summarizes a court's final ruling on a divorce proceeding. It generally contains the terms of the divorce, including child custody, child support, spousal support, and property division.

What Are the Residency Requirements for Divorce In Arizona?

Per Section 25-312 of the Arizona Revised Statutes, before a person may file for or get a divorce, at least one of the parties must meet the following residency requirements:

• Must have resided in the state for at least 90 days.
• Must have been stationed as a member of the armed services in the state for not less than 90 days.

What Are the Grounds for Divorce in Arizona?

Although Arizona is typically a no-fault divorce state, anyone seeking a divorce in the state may do so based on fault-grounds or no-fault-grounds, depending on the circumstances:

• No-Fault-Based Grounds - With a no-fault divorce, the petitioner only needs to state that their marriage is irretrievably broken due to irreconcilable differences. They are not required to cite specific reasons for seeking a divorce.
• Fault-Based Grounds - In Arizona, spouses in a covenant marriage are generally required to file their divorce petitions/complaints based on specific grounds. Per Section 25-903 of the Arizona Revised Statutes, fault grounds for divorce in the state typically include the following allegations against the other party:
  • Abandonment for at least one year
  • Adultery
  • Drugs or alcohol abuse
  • Domestic violence or sexual abuse
  • Living separate and apart for at least one year following a legal separation
  • Living separate and apart from the other party for at least two years
  • Imprisonment for a felony or sentenced to death for a felony offense

It is crucial to emphasize that even spouses in covenant marriages in Arizona may file for marriage dissolution without grounds, as long as both spouses consent to the divorce.

How Much Does It Cost To File for Divorce in Arizona?

While the average cost of a divorce in Arizona is about $10,500 (lower than the national average of $11,600), the actual cost can vary depending on the several issues involved. The median cost of divorce in the state is higher than in some neighboring states, while it is lower when compared to others. For instance, the average cost of divorce in California is about $14,000, while it is around $6,500 in New Mexico.

Filing a petition for dissolution of marriage in Arizona typically costs an average of $261 (with a $176 base fee). However, the exact filing fees, which are generally set by the courts, depend on the county where the petitioner is filing and whether or not there are children in the marriage. Other fees that may affect the exact cost of pursuing a divorce case in Arizona include the following:

• Attorney fees
• Process server fees
• Spousal support
• Child support
• Assets and debts division

How Long Is the Waiting Period for Divorce in Arizona?

In Arizona, there is a 60-day waiting period for divorce, per Section 25-329 of the state's Revised Statutes. No court in the state will consider a divorce petition or hold a trial or hearing on a dissolution of marriage complaint until 60 days after the date copies of the petition are served on the other party.

Unlike some states, Arizona has no mandatory separation period before a person can file for divorce. In other words, a party may file for marriage dissolution while residing under the same roof as the other spouse.

How To File for Divorce in Arizona

Before filing for divorce in Arizona, it is essential to meet the residency requirements for the dissolution of marriage in the state. Anyone who meets these requirements and other important ones may take the following steps to file for a divorce:

• Complete the appropriate forms and paperwork, depending on the situation. While each county may have its own preferred forms, the ones listed below are generic and are largely accepted by spurts statewide:
  • Dissolution of Marriage Without Children Forms
  • Dissolution of Marriage With Children Forms
• File completed petitions/forms with the Superior or Family Court that has jurisdiction to hear the case, as required by Section 23-311 of the Arizona Revised Statutes.
• Serve the other party a copy of the petition and other legal documents filed alongside the complaint. If the defendant lives in Arizona, they have up to 20 days after being served to respond to the petition. Those residing out-of-state must respond within 30 days of when they were served.
• If required, file requests for temporary orders to establish how different things will be handled while the divorce case is still pending. These may include temporary orders for child visitation, child custody, and child support.
• The case moves to the discovery phase where both parties have the right to obtain information and documents from each other, especially about their property, income, and debts.
• If the case is uncontested and both parties are getting a summary consent divorce, there will not be a need to attend a court hearing to get the final divorce. In this case, the judge will review the submitted documents and, if the paperwork is in order, sign the summary consent decree.
• Once the divorce petition and response are filed and both parties cannot reach a settlement agreement, the case will move to trial. During the trial, both spouses will present evidence, submit exhibits, and call witnesses. After the hearings, the judge will decide on the case and issue a final decree.

Are Divorce Records Public in Arizona?

Arizona divorce records are considered public under Title 39 of the state's Revised Statutes. Generally, all public records in the custody of government officers, including divorce records, are open to inspection by the public during office hours. However, sealed Arizona court records may be not accessed by the public. Similarly, details about minors, domestic violence victims, and certain confidential information are typically redacted from divorce records before they are made public.

How To Get Certified Copies of a Divorce Decree in Arizona

Certified copies of Arizona divorce decrees may be obtained by contacting the Clerk of the Superior Court for the county where the divorce was filed and finalized. Depending on the county, requesters may be required to submit their requests on a dedicated application form or a written letter in person or by mail. Such requests should contain information such as the names of the parties on the decree, the divorce date, and the location of the divorce.

Generally, getting an Arizona divorce decree costs $0.50 per page, and certifying the document costs $35. Acceptable means of payment include debit card, credit card, money order, and cash. Certified divorce decrees in Arizona may also be obtained online using the eAccess Portal, where documents can be electronically certified.

Divorce Settlement: Is Arizona a 50/50 State?

Arizona is considered a community property state where assets are supposed to be divided equally between spouses during a divorce. However, not every community property division in a divorce in the state ends with each party getting a 50/50 share. Generally, community property includes all debts and assets acquired by a couple during marriage.

Per Section 25-318 of the Arizona Revised Statutes, community property held in common by spouses is typically divided equitably without regard to marital misconduct. In distributing such property, the court may consider the obligations and debts related to it. Generally, unless there are valid reasons not to share a property 50/50, all marital joint assets should be distributed between divorcing spouses in Arizona. This is unlike equitable property community states where marital joint property is divided equitably (not necessarily equal) based on certain factors.

FAQs About Divorce Process In Arizona

Frequently asked questions about Arizona's divorce process include the following:

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