No-Fault Divorce Checklist

At least one spouse must have been domiciled in Arizona for a minimum of 90 days before filing. Under A.R.S. § 25-312, the court will confirm this at filing. Military members stationed in Arizona also qualify. Do not file before this threshold is met or your case can be dismissed.

Arizona is a pure no-fault state. The only grounds for a standard divorce is that the marriage is 'irretrievably broken' (A.R.S. § 25-312). You do not need to prove abuse, adultery, or any misconduct. Simply stating the marriage is irretrievably broken is legally sufficient — and no-fault does NOT mean you lose leverage in property or support negotiations.

Arizona is one of only three states that recognizes covenant marriage (A.R.S. § 25-901). If your marriage license says 'Covenant Marriage,' different rules apply — you must attempt counseling and demonstrate specific fault-based grounds even if the other party agrees to divorce. Check your marriage license carefully before proceeding with a standard no-fault filing.

File your Petition for Dissolution of Marriage at the Superior Court in the county where either you or your spouse currently resides. For example, if you live in Maricopa County, file at the Maricopa County Superior Court. Filing in the wrong county can delay your case.

Arizona law (A.R.S. § 25-329) requires a minimum 60-day waiting period after the Respondent is served before the court can finalize your divorce. This clock starts on the date of service, not the filing date. Use this time productively to finalize agreements, gather financial documents, and complete parenting plan negotiations if applicable.

You will need a certified copy of your marriage certificate. If you were married in Arizona, contact the county clerk's office where you married. If married out of state, contact that state's vital records office. Certified copies typically cost $20–$30 and can take 1–2 weeks to arrive, so order early.

Gather 12 months of statements for all checking, savings, money market, and investment accounts — both individual and joint. In Arizona, any funds accumulated during the marriage are presumed community property regardless of whose name is on the account (A.R.S. § 25-211). Having complete records prevents disputes later.

Pull statements for mortgages, car loans, credit cards, student loans, medical bills, and any other liabilities. Note the origination date of each debt. Debts incurred during the marriage are generally community debts in Arizona — meaning both spouses may be responsible — even if only one spouse's name is on the account.

Collect deeds for real estate, vehicle titles, and any lease agreements. Note purchase dates — property acquired before marriage is typically separate property, while property acquired during marriage is community property (A.R.S. § 25-213). If a separate property asset increased in value during marriage, that appreciation may have a community component.

Request the most recent statements for all 401(k), IRA, pension, or deferred compensation accounts. The portion of retirement savings accumulated during the marriage is community property in Arizona. Dividing these accounts typically requires a Qualified Domestic Relations Order (QDRO), which is a separate court order served directly on the plan administrator.

Federal and state tax returns provide a comprehensive snapshot of marital income, assets, deductions, and business interests. They are often required for spousal maintenance calculations and are critical if your divorce becomes contested. Request IRS transcripts at IRS.gov/transcripts if you no longer have copies.

If you owned assets before marriage or received gifts or inheritance during marriage, gather proof of their separate-property status (e.g., pre-marriage bank statements, gift letters, inheritance documents). Without clear documentation, Arizona courts will presume an asset is community property. This step is especially important if you entered the marriage with significant pre-existing wealth.

A common misconception is that no-fault divorce means assets are automatically split equally. In Arizona, community property is divided 'equitably,' which generally means equally, but the court can deviate based on factors like waste of marital assets, excessive or abnormal debts, or the needs of any children in the home. Fault in the marriage (e.g., domestic violence) can affect spousal maintenance but typically does not directly alter property division.

Many people worry that filing no-fault means giving up spousal maintenance rights. That is not true. Under A.R.S. § 25-319, the court evaluates maintenance based on factors like the length of the marriage, each spouse's earning capacity, age, health, and standard of living — completely independent of who 'caused' the divorce. Document your financial need or your spouse's dependency carefully.

List every asset and debt acquired during the marriage with current estimated values. Include real estate, vehicles, bank accounts, retirement accounts, business interests, frequent flyer miles, tax refunds owed, and credit card balances. Arizona courts require full financial disclosure; hiding assets is a serious legal violation and can result in sanctions.

Separate property (owned before marriage, or received as a gift or inheritance during marriage) is yours alone under A.R.S. § 25-213. However, if separate and community funds were 'commingled' — mixed in the same account — it can be difficult to trace. A forensic accountant can help untangle complex financial histories if large separate-property assets are at stake.

For real estate, businesses, or valuable personal property, obtain a professional appraisal to establish fair market value. In Arizona, both spouses have a right to contest valuations. Agreeing on a single appraiser early can save significant legal fees and reduce conflict during settlement negotiations.

Arizona requires ALL divorcing parents of minor children to submit a Parenting Plan (A.R.S. § 25-403.02). The plan must address legal decision-making authority (formerly called 'custody') and parenting time schedules. Arizona courts presume that joint legal decision-making is in the child's best interest unless there is evidence of domestic violence or abuse. A plan that is specific and detailed reduces future conflict.

Arizona uses an Income Shares model under A.R.S. § 25-320 and the Arizona Child Support Guidelines. The calculation considers both parents' gross incomes, the number of children, parenting time percentages, health insurance costs, childcare costs, and other factors. Use the Arizona Child Support Calculator at azcourthelp.org to get an estimate before negotiating.

If you or your spouse plans to move with the children after divorce, Arizona law (A.R.S. § 25-408) requires 45 days written notice to the other parent before relocating. The other parent can file a petition to prevent the move. Address potential relocation intentions in your Parenting Plan now — courts look unfavorably on surprise moves that disrupt the other parent's relationship with the children.

Gather birth certificates, Social Security cards, passports, school enrollment records, immunization records, and health insurance cards for each minor child. These are needed for legal filings and will also be essential for the parent managing school enrollment, medical appointments, and travel.

Determine which parent will provide health insurance for the children post-divorce. Arizona courts typically order the parent with access to more affordable employer-sponsored coverage to maintain it. The cost of insurance premiums is factored into the child support calculation. Note any deadlines — you may have a special enrollment period after divorce to add or keep children on a plan.

Download the Arizona Judicial Branch's official self-help forms at azcourthelp.org. For a no-fault dissolution, you will typically need: Petition for Dissolution of Marriage (with or without children), Summons, Preliminary Injunction (automatic upon filing), and a Sensitive Data Cover Sheet. Using outdated or incorrect forms is one of the most common DIY filing errors.

When you file for divorce in Arizona, a Preliminary Injunction automatically goes into effect (A.R.S. § 25-315). This restrains both spouses from selling, transferring, or hiding marital assets; canceling each other's health insurance; or taking children out of state without consent. Both parties are bound by this order from the date of filing (Petitioner) and date of service (Respondent).

The Respondent must be formally served with divorce papers under Arizona Rules of Family Law Procedure. Service can be completed by a private process server, the county sheriff, or through acceptance of service (the other spouse signs an Acceptance of Service form). Do NOT serve papers yourself — personal service by the Petitioner is not valid in Arizona.

Both spouses must complete and exchange an Affidavit of Financial Information (Rule 49, Arizona Rules of Family Law Procedure). This sworn document lists income, expenses, assets, and debts. It is used for spousal maintenance and child support determinations. Providing false information on an AFI can result in contempt of court and sanctions.

If you are the spouse who received the divorce papers (Respondent), you have 20 days to file a Response if served in Arizona, or 30 days if served out of state. Missing this deadline can result in a default judgment — meaning the court may grant everything the Petitioner requested without your input. Even if you agree with everything, filing a Response protects your rights.

If both spouses agree on all terms, you can submit a Consent Decree of Dissolution of Marriage instead of going to trial. This document memorializes all agreed-upon terms: property and debt division, spousal maintenance, parenting plan, and child support. The court will review and sign it after the 60-day waiting period. A well-drafted Consent Decree prevents future disputes and expensive post-decree modifications.

Even in a no-fault divorce, spouses often disagree on specific assets, parenting schedules, or support amounts. Arizona courts frequently order mediation before scheduling a trial (A.R.S. § 25-381.09). Private mediation typically costs $150–$400/hour but is far less expensive than litigation. Many Arizona counties also offer low-cost court-connected mediation services.

If spousal maintenance is relevant, spell out the amount, duration, and termination triggers (e.g., remarriage, cohabitation, death) in your Consent Decree. Under A.R.S. § 25-319, courts consider the length of the marriage, each spouse's earning ability, and the standard of living established during the marriage. Vague maintenance terms lead to costly post-decree litigation.

If retirement accounts are being divided, begin the QDRO (Qualified Domestic Relations Order) process as soon as possible — it is separate from your divorce decree and must be approved by both the court and the retirement plan administrator. QDROs can take 3–6 months to finalize. Delaying this step puts your share of the retirement asset at risk if the account holder withdraws funds or changes beneficiaries.

If you are resuming a former name, your Decree of Dissolution can include a name restoration order. Use your certified copy of the Decree to update your Social Security card (SSA.gov first), then your Arizona driver's license (AZ MVD), passport, bank accounts, and employer records. The Social Security Administration update must happen before the MVD update.

Arizona law (A.R.S. § 14-2804) may automatically revoke some beneficiary designations upon divorce, but not all — particularly for retirement accounts like 401(k)s and IRAs governed by federal ERISA law. Update beneficiaries on ALL life insurance policies, retirement accounts, bank accounts, and annuities as soon as your divorce is final. This is one of the most overlooked and costly post-divorce mistakes.

Your Consent Decree or court order is not self-executing for property. You must physically transfer deeds (via a Quit Claim Deed recorded with the county recorder), vehicle titles (through AZ MVD), and account ownership. Failure to do so can create title disputes and continued community property complications, especially if either party remarries.

Revise your will, healthcare power of attorney, financial power of attorney, and any trusts as soon as your divorce is final. In Arizona, a divorce automatically revokes provisions benefiting a former spouse in a will (A.R.S. § 14-2804), but does not automatically update trusts, powers of attorney, or joint account ownership. Consult an estate planning attorney to ensure your wishes are fully protected.

Open new individual checking, savings, and credit accounts in your name only before or immediately after the divorce is final. Establish your own credit history if you previously relied on joint accounts. Request a free credit report at AnnualCreditReport.com to confirm all joint accounts have been properly closed or transferred per your Decree.

Keep certified copies of your Decree of Dissolution, Parenting Plan, Child Support Order, and any QDROs in a secure location — both physical and digital (encrypted cloud storage). You will need these documents for future legal matters, refinancing a home, enforcing support orders, and modifying parenting plans. Arizona courts charge fees to retrieve older court records.