Long Marriage Divorce (20+ Years) FAQ

At least one spouse must have lived in Arizona for a minimum of 90 days before filing. You'll file a Petition for Dissolution of Marriage at the Superior Court in the county where either spouse resides.

Arizona is a no-fault state. The only required ground is that the marriage has suffered an irretrievable breakdown—meaning there is no reasonable prospect of reconciliation. Neither spouse needs to prove wrongdoing.

Yes, Arizona is one of only three states offering covenant marriage. If you entered a covenant marriage, you must meet stricter grounds for dissolution—such as adultery, abandonment, or mutual consent—and may be required to attempt counseling before filing.

Yes. Arizona imposes a mandatory 60-day waiting period from the date the respondent spouse is served. For long marriages with complex assets, the process often takes significantly longer due to financial negotiations.

Costs vary widely: a DIY filing runs $400–$600, an attorney-assisted uncontested divorce costs $1,500–$3,500, and a contested divorce can reach $15,000–$30,000 or more. Long marriages with complex assets often trend toward the higher end.

Arizona is a community property state. Assets and debts acquired during the marriage are presumed jointly owned and divided equitably upon dissolution. Separate property—assets owned before marriage or received as gifts or inheritance—generally remains with the original owner.

Retirement accounts accumulated during the marriage are community property and must be divided. A Qualified Domestic Relations Order (QDRO) is typically required to split 401(k)s and pensions without triggering tax penalties. This is often the most complex financial issue in a long-marriage divorce.

Federal Social Security rules—not Arizona state law—govern this. If your marriage lasted at least 10 years, you may be eligible to claim up to 50% of your ex-spouse's Social Security benefit without reducing their own benefit. This is a key consideration in marriages of 20+ years.

The marital home is typically community property. Spouses can agree to sell and split proceeds, have one spouse buy out the other's share, or defer sale under certain circumstances. A court will ensure any division is equitable.

Yes. Just like assets, debts incurred during the marriage are presumed community obligations and are divided equitably. This includes mortgages, credit card balances, and loans taken out during the marriage—regardless of whose name is on the account.

A long marriage significantly strengthens a spousal maintenance claim. Courts consider the length of marriage, each spouse's earning capacity, standard of living, and financial resources. After 20+ years, maintenance is highly likely and may be awarded indefinitely.

Arizona law does not set a fixed formula, but courts often tie duration to the length of the marriage. For marriages of 20+ years, indefinite or permanent maintenance is possible—especially if one spouse sacrificed a career or earning potential for the family.

Courts weigh both spouses' financial resources, the requesting spouse's ability to be self-sufficient, the marital standard of living, contributions to the other spouse's career or education, and the age and health of both parties.

Yes. Either spouse can petition the court to modify or terminate maintenance if there is a substantial and continuing change in circumstances—such as retirement, remarriage of the receiving spouse, or a significant income change.

Yes. Arizona requires a parenting plan for all divorces involving minor children. The plan must address legal decision-making authority and parenting time schedules. Courts prioritize the best interests of the child regardless of how long the marriage lasted.

A parent wishing to move with a child must provide the other parent with at least 45 days' written notice. The other parent has the right to petition the court to prevent the relocation. Courts evaluate the move's impact on the child's best interests and the parenting plan.