Uncontested Divorce Checklist

At least one spouse must have lived in Arizona for a minimum of 90 days before filing (A.R.S. § 25-312). File in the Superior Court of the county where either spouse currently resides. If you're newly arrived, confirm your 90 days before submitting any paperwork to avoid rejection.

Arizona is a no-fault state. You only need to state the marriage is irretrievably broken — no specific grounds are required (A.R.S. § 25-312). If you entered a Covenant Marriage, different rules apply: you must meet specific legal grounds and may need counseling before filing. Check your marriage certificate to see if 'Covenant Marriage' is noted.

For a truly uncontested divorce, you and your spouse must agree on: division of all community property and debts, spousal maintenance (or waiver of it), and — if you have children — legal decision-making authority, parenting time, and child support. If any single issue is disputed, the case becomes contested and timelines and costs increase significantly.

Arizona is one of only three states that offers Covenant Marriage (A.R.S. § 25-901). If your marriage certificate is designated as a Covenant Marriage, you cannot use the standard irretrievable breakdown ground. You will need to meet specific fault-based grounds or undergo counseling. Check your certificate and consult an attorney if this applies to you.

You'll need proof of your legal marriage. If you can't find the original, order a certified copy from the county recorder's office in the county where you were married, or from the Arizona Department of Health Services if you were married in Arizona. Allow 1–2 weeks for processing.

Acceptable documents include an Arizona driver's license, utility bills, a lease or mortgage statement, or a bank statement showing an Arizona address dated within the past 90 days. The court may request this to confirm eligibility before accepting your Petition.

Arizona requires full financial disclosure to prevent hidden assets or debts — one of the most common fears in uncontested divorces. Collect: last 3 years of tax returns, last 3 months of pay stubs or proof of income for both spouses, last 3 months of all bank and investment account statements, retirement and pension account statements, credit card and loan statements, and any business ownership documents. Incomplete disclosure can invalidate your settlement agreement later.

Under Arizona community property law (A.R.S. § 25-211), all assets and debts acquired during the marriage are presumed jointly owned. Document: real estate deeds and current mortgage statements, vehicle titles, business interests or partnership agreements, outstanding loan balances (auto, personal, student), and credit card statements. Property owned before marriage or received as a gift or inheritance may be separate property — gather those records too.

If you have minor children, collect: birth certificates for each child, current school enrollment records, health insurance cards and policy information, and documentation of any special needs, medical conditions, or existing court orders. These are essential for completing the required Parenting Plan.

This is your primary filing document. Use the Arizona Judicial Branch approved form (available at azcourthelp.org). Clearly state that the marriage is irretrievably broken. If your spouse will co-sign as a co-petitioner (common in uncontested cases), you can file jointly and avoid formal service entirely — saving time and the service fee.

This is the written agreement that captures every agreed-upon term and becomes your final court order once the judge signs it. It must address: division of all community property and debts, spousal maintenance amount and duration (or explicit waiver by both parties), legal decision-making and parenting time if children are involved, and child support in conformance with Arizona Child Support Guidelines (A.R.S. § 25-320). A vague or incomplete decree is one of the most common reasons for delays — be specific on every asset and account.

Both spouses must each file a separate, sworn Affidavit of Financial Information (Arizona Form 12). This document discloses income, expenses, assets, and debts under oath. It is a key safeguard against hidden assets — any deliberate omissions can constitute fraud and potentially void the divorce decree. Be thorough and honest.

Arizona law requires a detailed Parenting Plan for all divorces involving minor children (A.R.S. § 25-403.02). It must specify: legal decision-making (sole or joint), a detailed parenting time schedule including holidays and school breaks, a method for resolving future disputes, and provisions for the child's transportation between households. If one parent is considering future relocation, note that Arizona law requires 45 days written notice before relocating with a child (A.R.S. § 25-408) — plan for this now rather than after the decree.

Child support is determined by the Arizona Child Support Guidelines and is not optional — even in an uncontested divorce, the court will not approve an agreement that deviates substantially from the guidelines without a written explanation. Use the Arizona Child Support Calculator at azcourts.gov. Required inputs include both parents' gross monthly income, parenting time percentage, health insurance costs, and childcare costs.

If filing jointly as co-petitioners, no service is needed. If filing individually, your spouse must be formally served with the Petition and Summons. The easiest option in an uncontested case: have your spouse sign a written Acceptance of Service (waiver of service) before a notary. This avoids the cost of a process server ($50–$150) and starts the 60-day waiting period immediately upon filing.

File in the Superior Court of the county where you or your spouse resides — not necessarily where you were married. Each county has its own filing procedures and local forms. For example: Maricopa County uses the Clerk of the Superior Court family court division; Pima County has its own family court self-service center. Check your specific county's court website for accepted filing methods (in-person, e-filing, or mail).

Filing fees vary by county but typically range from $300–$400 in Arizona. In Maricopa County, the current fee is approximately $349 for a Petition with children and slightly less without. If you cannot afford the fee, you may qualify for a fee deferral or waiver — ask the clerk for a Fee Deferral/Waiver Application (Form DRFC10f). Income thresholds are based on federal poverty guidelines.

Arizona imposes a mandatory 60-day waiting period from the date the Respondent is served (or signs Acceptance of Service) before a judge can sign the final decree (A.R.S. § 25-329). Ask the clerk to stamp and return a copy of your Petition. Note the filing date — this is the earliest your divorce can be finalized. Most uncontested cases in Arizona take 60–90 days total from this date.

Along with your Petition, submit: the Summons, your Affidavit of Financial Information, your proposed Consent Decree, the Parenting Plan (if applicable), and any required local forms specific to your county. Maricopa County, for example, requires a Sensitive Data Cover Sheet to protect Social Security numbers and financial account numbers from public records. Missing documents are a leading cause of rejected filings — review your county's checklist twice.

Fear of hidden assets or overlooked debts is valid — and common. Before signing any agreement, run a comprehensive review: pull a free credit report from annualcreditreport.com for both spouses to identify all joint and individual debts, verify all retirement accounts (request a recent statement from all employers past and present), and search county property records online for any real estate in either spouse's name. Arizona's community property law (A.R.S. § 25-211) presumes all marital assets are shared — so any omitted asset could be subject to a future claim.

Uncertainty about fairness is one of the top concerns in uncontested divorces. Arizona courts will review your Consent Decree and can reject agreements that appear unconscionable. Each item of property should be explicitly assigned to one party with an estimated value. For real estate, consider getting a comparative market analysis or appraisal. For retirement accounts, note that dividing a 401(k) or pension requires a separate Qualified Domestic Relations Order (QDRO) — the Consent Decree alone is not sufficient to transfer those funds.

Simply assigning a joint debt to one spouse in your decree does not release the other spouse's liability to the creditor. For joint credit cards and loans, include a plan to: refinance or transfer balances into one spouse's name, or pay off and close accounts. Document which spouse is responsible for each debt, and include a hold-harmless and indemnification clause in your Consent Decree to provide legal recourse if the assigned spouse fails to pay.

Even if both spouses agree no maintenance is needed, the Consent Decree must explicitly address it — either stating the agreed amount and duration, or including a written waiver by both parties. Arizona courts consider factors such as the standard of living during the marriage, each spouse's earning capacity, and the length of the marriage (A.R.S. § 25-319). Duration is typically tied to marriage length. A waiver in the decree is usually permanent — think carefully before waiving.

If your agreement assigns the family home or other real estate to one spouse, a Quitclaim Deed must be signed, notarized, and recorded with the County Recorder's office after the divorce is final. This step is separate from the divorce decree and is often forgotten. Also consider: the spouse keeping the home should refinance the mortgage to remove the other spouse's name — the decree alone does not change mortgage liability.

After the 60-day mandatory waiting period has passed, submit your fully signed Consent Decree of Dissolution to the court for judicial review and signature. In many Arizona counties, a hearing is not required for uncontested divorces — the judge reviews the paperwork and signs without you appearing in court. Check your county's local rules: some counties (e.g., Maricopa) allow default or consent decree approval by mail or e-filing.

Some Arizona counties may require a brief final hearing even for uncontested divorces, especially if children are involved. If a hearing is scheduled, bring: a photo ID, copies of all filed documents, and any evidence supporting your parenting plan arrangement. Hearings are typically short (10–20 minutes) and procedural. Dress professionally and arrive early.

Once the judge signs the Decree, your divorce is legally final. Request certified copies from the clerk (typically $3–$5 per copy) — you will need multiple copies for name change purposes, financial accounts, real estate transfers, and retirement account divisions. Review the signed decree carefully against your agreed terms before leaving the courthouse or downloading it.

If you are resuming a former name, the Decree of Dissolution serves as your legal name change document. Update your name with the Social Security Administration first (free, visit ssa.gov), then your Arizona driver's license or ID at the MVD, then financial accounts, passport, employer HR records, and voter registration. The SSA name change must be completed before the MVD will update your license.

Your divorce decree does NOT automatically remove your ex-spouse as beneficiary on life insurance policies, retirement accounts (401k, IRA), or bank accounts with payable-on-death designations. Under federal law (ERISA), the named beneficiary on a retirement account receives the funds regardless of your divorce. Update beneficiaries immediately after your decree is signed — this is one of the most frequently overlooked post-divorce steps.

If your Consent Decree divides a 401(k), 403(b), or pension, a QDRO is a separate court order required by federal law to transfer retirement funds without tax penalties. A QDRO must be drafted, approved by the plan administrator, and signed by the court — it is not part of your divorce decree. Hire a QDRO specialist or attorney for this step; errors can result in significant tax consequences. IRAs are divided via a separate transfer incident to divorce process.

If real estate ownership is changing, sign and notarize a Quitclaim Deed and record it with the County Recorder's office in the county where the property is located. Recording fees are typically $15–$30 in Arizona. Do not delay this step — an unrecorded deed leaves both parties in legal limbo and can complicate refinancing or future sale of the property.

Under Arizona law (A.R.S. § 14-2804), divorce automatically revokes provisions in a will that benefit a former spouse, but does not automatically update living trusts, financial powers of attorney, or healthcare directives. Draft new estate planning documents to reflect your post-divorce wishes as soon as possible. This is especially critical if you have minor children and need to designate a guardian.

If you are currently covered under your spouse's employer health insurance, divorce is a qualifying life event that triggers a 60-day Special Enrollment Period — you must enroll in new coverage within 60 days of the divorce being final or you will face a gap in coverage. Options include: your own employer's plan, COBRA continuation coverage (typically expensive), the AZ Health Insurance Marketplace (healthcare.gov), or Arizona's AHCCCS Medicaid program if income-eligible.

Keep a copy of your signed Decree in a safe, accessible place. If either party fails to follow the terms — such as missing child support payments, not transferring property, or violating the parenting plan — you can file a Petition for Order to Show Cause (contempt) with the Superior Court. Arizona courts take violations of divorce decrees seriously. Document any non-compliance with dates, amounts, and written communication.