Short Marriage Divorce (<2 Years) Checklist

Many people in short marriages assume they qualify for an annulment, but annulments in Arizona (A.R.S. § 25-301) are only granted under specific legal grounds — such as fraud, bigamy, underage marriage, or incapacity. A 'short marriage' alone does not qualify. In most cases, dissolution of marriage is the correct legal path. Consult a family law attorney if you're unsure.

At least one spouse must have been domiciled in Arizona for 90 days immediately before filing the Petition for Dissolution of Marriage (A.R.S. § 25-312). If you recently moved to Arizona after your marriage, double-check that the 90-day mark has passed before filing.

File at the Superior Court in the county where either you or your spouse currently resides. For example, if you live in Phoenix, file in Maricopa County Superior Court. Each county's clerk of court website lists filing hours, fees, and self-service center resources.

Because your marriage was short, you and your spouse may agree on all terms (property, debts, no children) — making an uncontested dissolution possible. An uncontested DIY filing in Arizona typically costs $400–$600 in court fees. If disputes exist, attorney-assisted options range from $1,500–$3,500 (uncontested) to $15,000–$30,000+ (contested).

Arizona is one of only three states offering Covenant Marriage (A.R.S. § 25-901 et seq.). Covenant marriages require premarital counseling and have stricter, limited grounds for dissolution (e.g., adultery, abuse, felony conviction, or legal separation for 2 years). Review your marriage license — it will indicate 'Covenant Marriage' if applicable. Standard irretrievable breakdown is NOT a valid ground for dissolving a Covenant Marriage.

You'll need your marriage certificate to complete court filing forms. If you can't locate the original, contact the county recorder in the county where you were married to obtain a certified copy. If you were married out of state, contact that state's vital records office.

A valid driver's license, state ID, or passport is needed for court appearances and notarization of documents. Proof of residency (utility bill, lease agreement, or bank statement) may be needed to confirm the 90-day domicile requirement.

Pull bank statements, credit card statements, and loan documents from the date of your marriage through today. Since your marriage was under two years, this window is narrow — but it's critical for accurately identifying community property (assets/debts acquired during the marriage) versus separate property brought into the marriage (A.R.S. § 25-213).

In a short marriage, it's especially important to distinguish separate property (owned before marriage or received as a gift/inheritance) from community property. Gather bank statements, title documents, or account records dated before your marriage date. Arizona courts presume all property acquired during marriage is community property unless proven otherwise.

Include credit cards, personal loans, auto loans, medical bills, and any joint accounts opened during the marriage. Under Arizona community property law, debts incurred during marriage are generally shared obligations — even if only one spouse's name is on the account.

If any real estate, vehicles, or major assets were purchased during the marriage (even with pre-marital funds), locate the titles and deeds. These will need to be addressed in your Property Settlement Agreement.

Open individual bank accounts if you haven't already, then work with your spouse to close or divide joint accounts. In an uncontested dissolution, both parties typically agree on how to split account balances. Document the agreed split in your Property Settlement Agreement before accounts are closed.

Contact lenders to remove one spouse from joint accounts or transfer balances to individual accounts. Even after divorce, Arizona creditors can still pursue both parties on a joint debt — the divorce decree binds spouses to each other but not the lender. Pay off or refinance joint debts where possible.

Create an inventory of shared furniture, electronics, appliances, and other personal property acquired during the marriage. These are community property. Agree on fair distribution. While legally awkward, returning or redistributing wedding gifts is a personal decision — Arizona courts generally do not address gifted items unless the value is significant.

Spousal maintenance (A.R.S. § 25-319) is rarely awarded in short marriages in Arizona. The court considers marriage duration as a primary factor — a marriage of under two years strongly weighs against any maintenance award unless one spouse is significantly disadvantaged. If you have concerns, note this in your Separation Agreement or consult an attorney.

Notify your health, auto, life, and renters/homeowners insurance providers of your upcoming divorce. Remove your spouse as a beneficiary or dependent where appropriate. Under the Affordable Care Act (ACA), divorce qualifies as a 'qualifying life event,' allowing you to enroll in a new health plan within 60 days.

Even in short marriages, you may have named your spouse as beneficiary on a 401(k), IRA, or life insurance policy. Update these designations immediately after your divorce is finalized. Note: beneficiary designations typically override a will, so this step is critical.

The Petition (Form DR-1 or equivalent per your county) formally initiates your divorce in Arizona Superior Court. You'll state the grounds as 'irretrievable breakdown of the marriage' — Arizona is a no-fault state, meaning you do not need to prove fault. Complete all sections carefully; errors can delay your case.

The Summons officially notifies your spouse of the divorce action. When filed, Arizona's Preliminary Injunction (included automatically) prevents both parties from hiding assets, taking children out of state, or canceling insurance during proceedings. The clerk of court will stamp and issue the Summons after you file.

For an uncontested divorce, a written Property Settlement Agreement (also called a Separation Agreement) memorializes how you and your spouse have agreed to divide assets and debts. Because your marriage was short and community property is likely limited, this document may be brief. Courts strongly encourage, and often require, this agreement for uncontested dissolutions.

After filing, you must formally serve your spouse with the Petition and Summons. Arizona allows service by a licensed process server, the county sheriff, or certified mail with return receipt (if your spouse agrees to accept service). Your spouse then has 20 days (in-state) or 30 days (out-of-state) to file a Response. If both agree, your spouse can sign an Acceptance of Service.

Filing fees for a Petition for Dissolution in Arizona vary by county but typically range from $200–$350. If you cannot afford the fee, you may apply for a fee waiver (deferral) using the Arizona courts' Application for Deferral form. Check your specific county's Superior Court website for the exact fee schedule.

Arizona law (A.R.S. § 25-329) requires a minimum 60-day waiting period after the Respondent is served before a divorce can be finalized. No judge can sign a Decree of Dissolution before this period ends, regardless of how quickly both parties agree on all terms. Use this time to complete paperwork, update accounts, and prepare for post-divorce steps.

If you have children from this marriage (even born very close to the wedding date), you must address legal decision-making and parenting time in your dissolution. Arizona courts always prioritize the best interests of the child (A.R.S. § 25-403). If no minor children exist, you may skip this section entirely — a major simplifying factor in short marriages.

A Parenting Plan is required for ALL Arizona dissolutions involving minor children. It must address: (1) legal decision-making authority (sole or joint), (2) a parenting time schedule, and (3) a process for resolving disputes. Arizona courts strongly favor joint legal decision-making unless evidence suggests otherwise (A.R.S. § 25-403.02).

Arizona calculates child support using the Income Shares Model (Arizona Child Support Guidelines, A.R.S. § 25-320). Both parents' gross incomes, parenting time percentages, and costs for childcare/insurance are factored in. Use the Arizona Child Support Calculator (available at azcourts.gov) to estimate your obligation.

If you or your spouse plans to move with a child after divorce, Arizona law (A.R.S. § 25-408) requires the relocating parent to provide written notice at least 45 days in advance. The non-relocating parent may petition the court to prevent the move. Plan carefully — unauthorized relocation can seriously jeopardize your legal decision-making rights.

In an uncontested dissolution, both spouses sign a Consent Decree of Dissolution of Marriage, which the judge reviews and signs. If your spouse does not respond to the Petition within the allotted time, you may apply for a Default Decree. For contested cases, a court hearing or trial is scheduled. In all cases, the signed Decree is the official legal end of your marriage.

Read every line of your signed Decree before it becomes final. Confirm all property division terms, name change orders (if applicable), and child-related provisions are accurate. Errors in the Decree can be difficult and expensive to correct after the fact — request corrections immediately if something is wrong.

Order at least 2–3 certified copies of your Decree from the clerk of court. You'll need them to update your Social Security records, change your name on your driver's license, update financial accounts, and for any future legal matters. Certified copies typically cost $3–$10 per page at Arizona Superior Courts.

If you changed your name upon marriage and want to revert to your prior name, request a name restoration order as part of your Decree (or petition for it separately). Then update: Social Security Administration (Form SS-5), Arizona MVD for your driver's license, your passport, and financial institutions. Arizona courts do not charge extra to include a name restoration in the Decree.

Revise or revoke your will, trust, healthcare power of attorney, and financial power of attorney. Under A.R.S. § 14-2804, Arizona automatically revokes provisions in a will that favor a former spouse after divorce — but this law does NOT apply to beneficiary designations on financial accounts. Update those manually.

Using your certified Decree, update all accounts to reflect the new ownership per your Property Settlement Agreement. This includes removing your spouse from vehicle titles (MVD Form 96-0236), real estate deeds (Quit Claim Deed recorded with the county recorder), and bank/investment accounts.

Cancel or transfer streaming services, gym memberships, Amazon/Costco accounts, airline miles accounts, and any other shared digital or membership accounts. While not legally required, failing to do this can create ongoing financial entanglement and privacy concerns.

After your dissolution is final, pull free credit reports from all three bureaus (Equifax, Experian, TransUnion) at AnnualCreditReport.com. Confirm that joint debts assigned to your ex-spouse are being paid and that no unauthorized accounts remain. Dispute any inaccuracies promptly with the credit bureaus.

Ending a short marriage can carry unique emotional weight — including embarrassment, social judgment, or self-doubt. Consider speaking with a licensed therapist, joining a divorce support group, or using divorce-focused mental health resources. Arizona has numerous licensed counseling services; many offer sliding-scale fees. Healing is a process, not a timeline.