Am I Eligible to File for Dissolution in Arizona? (2026)

Work through this self-assessment before filing. Arizona has straightforward eligibility requirements.

Disclaimer: General legal information only. Consult a licensed Arizona attorney for your situation.

Section 1 — Residency

Arizona requires one spouse to have been physically present in Arizona for at least 90 days immediately before filing.

• Have you lived in Arizona for the past 90 days? → ✅ Residency satisfied — you can file
• Does your spouse live in Arizona and has for 90+ days (even if you don't)? → ✅ Your spouse can file; you can be named Respondent
• Neither of you has lived in Arizona for 90 days? → ❌ You must wait until the 90-day requirement is met

File in the Superior Court of the county where you (or the residency-qualifying spouse) live.

Section 2 — Covenant Marriage Check

Arizona recognizes covenant marriages — a legally distinct marriage type entered voluntarily with additional pre-marital counseling. Covenant marriages have different divorce rules (fault grounds required, or two-year separation).

Ask yourself:

• When you married in Arizona, did you sign a Declaration of Covenant Marriage?
• Did your pre-marital process include specific covenant counseling?

Most Arizona residents are NOT in a covenant marriage. If you're not sure, check your marriage certificate — covenant marriages are labeled. If your marriage is standard, proceed with normal dissolution rules.

Section 3 — Ground for Dissolution

Arizona is no-fault only for standard marriages. The ground is "irretrievable breakdown of the marriage." No misconduct, fault, or specific reason is required.

• Is the marriage irretrievably broken? → ✅ Ground is met
• Does your spouse dispute it? → They may file a Response requesting a hearing, but one spouse's credible testimony of irretrievable breakdown is sufficient

Section 4 — Are You Agreed or Contested?

Agreed dissolution:

• Both parties can negotiate and file a Consent Decree of Dissolution
• No hearing required
• Use selfservecenter.azcourts.gov to generate all forms
• File, serve, wait 60 days, submit Consent Decree

Contested dissolution:

• One party contests property division, legal decision-making, parenting time, or spousal maintenance
• Requires exchange of financial disclosures (Rule 49 Disclosure Statement)
• May proceed to mediation or trial
• More time and cost

Section 5 — Children

If you have minor children (under 18, or still in high school up to age 18):

• You need a Parenting Plan — legal decision-making and parenting time (Arizona terms since 2013)
• You need a Child Support Order — calculated using AZ Child Support Guidelines
• Parenting time will be set at specific days/times; "reasonable" is insufficient
• Legal decision-making can be "joint" (both parents) or "sole" (one parent) depending on best interests

Section 6 — Property Assessment

Arizona is a community property state. All income earned and property acquired during the marriage is owned equally.

Before filing, determine:

• Fair market value of all real property
• Balance of all bank and investment accounts
• Balance of all retirement accounts (note pre-marital vs. marital contributions)
• Value of all vehicles
• All debts and their balances

This information goes into your Consent Decree or proposed Decree.

Last reviewed: March 2026 | Arizona Self-Service Center: selfservecenter.azcourts.gov

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.