Divorce without Children Checklist

At least one spouse must have been an Arizona resident for a minimum of 90 days before filing. Military members stationed in Arizona for 90+ days also qualify. You'll file your Petition for Dissolution of Marriage at the Superior Court in the county where either spouse currently resides (e.g., Maricopa, Pima, or Pinal County).

Arizona is a no-fault divorce state. You only need to state that the marriage is 'irretrievably broken' — you do not need to prove fault or wrongdoing by either party (A.R.S. § 25-312). If your spouse disagrees, the court may order a 60-day conciliation period, but the divorce can still proceed.

Arizona is one of only three states offering covenant marriage (A.R.S. § 25-901). If your marriage license states 'covenant marriage,' different rules apply — limited grounds for divorce are required (such as adultery, felony conviction, or legal separation for 2 years). Check your marriage certificate carefully.

Arizona law mandates a minimum 60-day waiting period after the Petition for Dissolution is served on your spouse before the court can finalize the divorce. Use this time productively to organize documents, negotiate terms, and complete financial disclosures.

Without children, your divorce may qualify as an uncontested dissolution. DIY filing in Arizona typically costs $400–$600 in court fees. Attorney-assisted uncontested divorces run $1,500–$3,500. Contested divorces involving disputed property or spousal maintenance can reach $15,000–$30,000+. Consider your complexity level honestly before choosing your path.

You'll need your original or certified marriage certificate for your court filing. If you can't locate it, request a certified copy from the county recorder's office in the county (or state) where you were married. Arizona marriages can be verified through the Arizona Department of Health Services.

Federal and state tax returns are critical for establishing income, identifying jointly-held assets, and supporting or contesting spousal maintenance claims. Gather both spouses' W-2s, 1099s, and business returns if applicable. These are key financial disclosure documents required under Arizona Rule of Family Law Procedure.

Arizona's community property law (A.R.S. § 25-211) presumes all assets acquired during the marriage are jointly owned. Gather deeds, vehicle titles, bank and investment account statements, business ownership records, and retirement account statements. Separate property (owned before marriage or received as a gift/inheritance) should be documented separately.

Pull statements for all mortgages, auto loans, personal loans, credit cards, student loans, and medical debts. Note which accounts are joint vs. individual. In Arizona, debts incurred during the marriage are generally community debts regardless of whose name is on the account.

Retirement accounts (401(k), IRA, pension plans) accumulated during the marriage are community property in Arizona. You'll need current statements and, in many cases, a Qualified Domestic Relations Order (QDRO) to divide employer-sponsored retirement plans without tax penalties.

If you and your spouse signed a prenuptial or postnuptial agreement, it may govern how property and debts are divided and whether spousal maintenance can be awarded. Provide a copy to your attorney or include it in your court filing. Arizona courts will enforce valid agreements under the Uniform Premarital Agreement Act (A.R.S. § 25-201).

Arizona Rule of Family Law Procedure 49 requires both spouses to complete and exchange an Affidavit of Financial Information (AFI). This document discloses income, expenses, assets, and debts. Even in uncontested divorces, both parties typically must complete this form. Failure to fully disclose can result in the court setting aside the decree later.

Don't assume that because you have no children, spousal maintenance (alimony) is off the table. Arizona courts may award maintenance if one spouse lacks sufficient property, cannot meet reasonable needs, was a homemaker, or has significantly lower earning capacity (A.R.S. § 25-319). Duration is typically tied to the length of the marriage. Address this proactively — even if you agree no maintenance is needed, your decree should explicitly state it.

Create a comprehensive list of all community property: real estate (get a current appraisal or Zillow estimate as a starting point), vehicles (use Kelley Blue Book), bank accounts, investment accounts, business interests, and personal property of significant value. Arizona courts divide community property equitably, which in practice is usually close to 50/50.

Joint credit accounts remain both spouses' legal responsibility to creditors regardless of what your divorce decree says. Work out a clear plan: pay off and close joint accounts where possible, or refinance balances into individual accounts. If your spouse is assigned a joint debt in the decree but fails to pay, your credit score can still be affected. Consider requesting a credit freeze or fraud alert during proceedings.

Pull free credit reports from all three bureaus (Equifax, Experian, TransUnion) at AnnualCreditReport.com. Look for joint accounts, authorized user accounts, or debts you may not be aware of. This step is critical to ensure all community debts are identified and addressed in your settlement agreement.

If either spouse owns a business or is self-employed, a business valuation may be necessary. Income from a business started or grown during the marriage may be community property. A forensic accountant can help identify all income streams, which is especially important when determining spousal maintenance eligibility and amount.

The family home is often the largest community asset. Your options: (1) sell the home and split proceeds, (2) one spouse buys out the other and refinances the mortgage solely in their name, or (3) continue co-ownership temporarily (rare and not recommended). If one spouse is keeping the home, the mortgage must be refinanced to remove the other spouse's liability — a quitclaim deed alone does NOT remove mortgage responsibility.

Determine which spouse keeps each vehicle. The spouse receiving the vehicle should retitle it in their name only at the Arizona Motor Vehicle Division (MVD) after the decree is finalized. Update auto insurance immediately upon retitling. Vehicles are subject to community property rules if purchased during the marriage.

To divide a 401(k), 403(b), or pension without triggering taxes or early withdrawal penalties, you'll need a Qualified Domestic Relations Order (QDRO) drafted and approved by the plan administrator. IRAs can be divided via a 'transfer incident to divorce' without a QDRO but still require specific documentation. Work with a financial advisor or attorney familiar with Arizona retirement divisions.

If either spouse brought assets into the marriage or received gifts or inheritances during the marriage, those may qualify as separate property under A.R.S. § 25-213 and are not subject to community property division. However, if separate property was 'commingled' with community funds (e.g., deposited into joint accounts), it may lose its separate character. Document all separate property claims carefully.

A Consent Decree or Property Settlement Agreement (PSA) memorializes how you and your spouse agree to divide all assets and debts. This is the cornerstone document of an uncontested divorce in Arizona. It must be detailed, signed by both parties, and submitted to the court for approval. Vague language around property division is one of the most common causes of post-decree disputes.

The Petition for Dissolution of Marriage is filed by the Petitioner (the spouse initiating the divorce) at the Superior Court in the county of residence. In Maricopa County, file at the Family Court. Filing fees in Arizona typically range from $300–$400 depending on the county. Fee waivers (Application for Deferral/Waiver of Court Fees) are available for qualifying low-income filers.

After filing, the Petition must be legally served on the Respondent (the other spouse). You can serve via a process server, sheriff's office, or — if your spouse agrees — via Acceptance of Service, which they sign voluntarily. The 60-day waiting period begins on the date of service, not the filing date.

If you are the spouse being served (the Respondent), you have 20 days to file a Response if served within Arizona (30 days if served outside Arizona). If you agree with the Petition's terms, you may file a joint Consent Decree instead. Failing to respond can result in a default judgment being entered against you.

In an uncontested divorce, both spouses sign a Consent Decree of Dissolution of Marriage, which includes your agreed-upon Property Settlement Agreement. If your spouse does not respond, you may file for a Default Decree after the response deadline passes. The judge reviews and signs the decree — you typically do not need to appear in court for an uncontested Arizona divorce.

If you and your spouse cannot agree on property division or spousal maintenance, the court will schedule a hearing or trial. A judge will make binding decisions on unresolved issues. Contested divorces in Arizona can cost $15,000–$30,000+ and take 12–18 months or longer. Consider mediation first — Arizona courts often require it before setting a trial date.

Once the judge signs your Decree of Dissolution of Marriage, request at least 3–5 certified copies from the court clerk. You'll need these to update financial accounts, change your name, transfer property titles, and handle other legal matters. Certified copies typically cost $5–$30 per copy depending on the county.

Divorce does NOT automatically remove your ex-spouse as a beneficiary on life insurance policies, retirement accounts (401k, IRA), or payable-on-death bank accounts. You must manually update beneficiary designations with each institution after your divorce is finalized. This is one of the most overlooked — and most consequential — post-divorce steps.

After the decree is finalized, close all joint bank accounts and remove authorized users from individual accounts. Open new individual accounts if you haven't already. For joint credit cards assigned to your spouse in the decree, request removal of your name if possible, or have the balance transferred to an account in their name only. Monitor your credit report for 6–12 months post-divorce.

Revise your will, powers of attorney, and healthcare directives to reflect your new marital status. Under Arizona law (A.R.S. § 14-2804), divorce automatically revokes any bequest to a former spouse in a will, but it's still best practice to draft a new will entirely. Update your healthcare proxy and financial power of attorney as well.

If you wish to restore your maiden name or a prior legal name, you can request the name change directly in your Petition or Consent Decree — no separate court proceeding is needed. After the decree is signed, update your name with the Social Security Administration first, then the Arizona MVD for your driver's license, followed by your bank, employer, and passport.

Divorce is a qualifying life event that triggers a Special Enrollment Period for health insurance. If you were covered under your spouse's employer plan, you have 60 days from the divorce finalization date to enroll in a new plan (through your own employer, COBRA, or the ACA Marketplace at healthcare.gov). Do not let your coverage lapse.

Your marital status for tax purposes is determined on December 31 of the tax year. If your divorce is finalized before year-end, you must file as 'Single' or 'Head of Household' for that tax year. If finalized after December 31, you can still file jointly for that year. Consult a CPA regarding spousal maintenance tax treatment — under current federal law, alimony from post-2018 divorces is neither deductible by the payer nor taxable to the recipient.