Short Marriage Divorce (<2 Years) FAQ

Yes. Arizona law — formally called Dissolution of Marriage — does not impose a minimum marriage duration before you can file. As long as at least one spouse has lived in Arizona for 90 days before filing, you can petition the Superior Court in the county where either spouse resides. The only ground Arizona recognizes is that the marriage has suffered an irretrievable breakdown, which simply means the relationship cannot be saved.

An annulment (called a 'declaration of invalidity' in Arizona) treats the marriage as though it never legally existed, but it requires specific legal grounds such as fraud, bigamy, or incapacity — a short duration alone is not sufficient. If none of those special circumstances apply, a Dissolution of Marriage is the correct path regardless of how brief the marriage was. Many people assume a short marriage automatically qualifies for annulment, but Arizona courts do not grant them simply because the relationship was brief.

Arizona imposes a mandatory 60-day waiting period that begins the day the respondent spouse is served with the divorce petition. Even if both spouses agree on every issue, the court cannot finalize the divorce before those 60 days have elapsed. In practice, the total timeline for an uncontested short marriage divorce is typically 2–4 months from filing to final decree.

Arizona is one of only three states that offer covenant marriage, which requires premarital counseling and restricts the grounds on which you can later divorce. If you entered a standard (non-covenant) marriage, the process is straightforward — irretrievable breakdown is all you need. If you did enter a covenant marriage, you must meet one of the specific statutory grounds (such as adultery, abuse, or a two-year separation) before the court will grant a dissolution.

You file your Petition for Dissolution of Marriage at the Superior Court in the county where you or your spouse currently resides. For example, if you live in Maricopa County you would file at the Maricopa County Superior Court, while Pima County residents file at Pima County Superior Court. Filing fees generally range from $300–$400 depending on the county, and fee waivers are available for qualifying low-income filers.

Arizona is a community property state, meaning all assets and debts acquired during the marriage are presumed to be jointly owned and are divided equitably upon dissolution. Because the marriage was short, there is typically less marital property to divide, which often makes negotiations faster and simpler. Property you owned or debts you carried before the wedding generally remain your separate property and are not subject to division.

Gifts given to both spouses jointly during the marriage are generally treated as community property in Arizona and are subject to division. Items purchased together during the marriage — furniture, appliances, shared vehicles — are also presumed community property unless you can show they were funded entirely with separate (pre-marital) money. Practically speaking, many short-married couples resolve these items through a written marital settlement agreement, splitting items by mutual agreement rather than going to court.

Joint bank accounts and shared debts acquired after the wedding date are community property, and both spouses remain legally liable to creditors regardless of what the divorce decree says. Your settlement agreement should specify who takes responsibility for each account or debt, and you should follow up by actually closing or re-titling accounts, refinancing joint loans, and notifying creditors in writing. Acting quickly is important for short marriages — the financial entanglement is usually limited and easier to unwind before it grows further.

Spousal maintenance is unlikely in a short marriage but is not impossible. Arizona courts weigh factors including the length of the marriage, each spouse's earning capacity, and the standard of living established during the marriage — a marriage under two years typically results in little or no maintenance award. If maintenance is granted at all, it is generally for a brief, rehabilitative period rather than long-term support. Spouses can also waive maintenance by agreement in their settlement documents.

A DIY (self-represented) uncontested divorce typically costs $400–$600, which covers court filing fees and any document-preparation services you use. Hiring an attorney for an uncontested short marriage divorce usually runs $1,500–$3,500 in total legal fees. If the divorce becomes contested — for instance, because spouses disagree on property division — costs can escalate to $15,000–$30,000 or more, though that is uncommon in short, low-asset marriages.

Yes. If you and your spouse have any minor children together, Arizona requires a parenting plan as part of the dissolution regardless of how short the marriage was. The plan must address legal decision-making authority (sole or joint) and a detailed parenting time schedule covering regular weeks, holidays, and school breaks. Courts always apply the best-interests-of-the-child standard, and both parents are encouraged to submit a joint plan whenever possible.

A parent who wishes to relocate with a child must provide the other parent with at least 45 days' written notice before the planned move. The other parent has the right to file a petition with the court to prevent the relocation, and the judge will decide based on the child's best interests. This rule applies even after a short marriage, so it is wise to address potential relocation scenarios clearly in your parenting plan from the start.

Many short marriage divorces in Arizona are well-suited for a DIY approach, especially when the couple has no children, limited shared assets, and agrees on all terms. Arizona's Superior Courts offer self-service centers with free forms and guidance, and online legal document services can help you prepare paperwork correctly. However, if there are children, significant debts, retirement accounts, or any dispute, consulting a family law attorney — even for a one-time review — can prevent costly mistakes.

Begin by completing a Petition for Dissolution of Marriage (and a Summons) and filing them at the Superior Court in your county along with the required filing fee. Your spouse must then be formally served with the documents, after which the 60-day waiting period starts. If both spouses agree on all terms, you can submit a Consent Decree of Dissolution for the judge's signature once the waiting period has passed — no court hearing is typically required for an uncontested case.

The single biggest factor in a fast, low-cost divorce is reaching agreement with your spouse before filing — couples who submit a complete, signed Consent Decree move through the process far more quickly than those who litigate. Gather all financial documents (bank statements, tax returns, loan balances) early so nothing stalls negotiations. Using a mediator for any sticking points is significantly cheaper than contested litigation and can help preserve a civil relationship, which matters especially if you share children.