Uncontested Divorce FAQ

An uncontested divorce — formally called an uncontested dissolution of marriage in Arizona — is one where both spouses fully agree on all terms, including property division, debt allocation, spousal maintenance, and any parenting arrangements. Because there are no disputes for a judge to resolve, the process is significantly faster and less expensive than a contested divorce. Arizona courts still require you to submit a signed marital settlement agreement reflecting all of your agreed-upon terms.

To file for an uncontested dissolution of marriage in Arizona, at least one spouse must have lived in the state for a minimum of 90 days before filing. You must also both agree on all major issues — including community property division, spousal maintenance, and, if you have children, a parenting plan. If any significant disagreement exists, your case may need to proceed as a contested divorce.

You must file your dissolution of marriage petition at the Superior Court in the county where either you or your spouse currently resides. Arizona has 15 counties, each with its own Superior Court clerk's office and potentially its own local filing procedures or forms. It's worth checking your specific county court's website for any local requirements before submitting your paperwork.

Arizona is a no-fault divorce state, meaning the only required ground for dissolution of marriage is that the marriage has suffered an irretrievable breakdown. You do not need to prove fault, misconduct, or wrongdoing by either spouse. In an uncontested divorce, both parties typically agree to state this ground in the petition, which simplifies the process considerably.

If you and your spouse entered into a covenant marriage in Arizona — one of only three states that offer this option — the grounds and process for divorce are more restrictive. Covenant marriages require premarital counseling and limit the legal grounds on which you can seek dissolution, meaning a simple irretrievable breakdown claim may not be sufficient. If you're unsure whether you have a covenant marriage, check your marriage license or certificate, as it will be clearly designated.

At minimum, an uncontested dissolution of marriage in Arizona requires a Petition for Dissolution of Marriage, a Summons, and a signed Marital Settlement Agreement covering property, debts, and support. If you have minor children, you must also submit a Parenting Plan and a Child Support Worksheet calculated using Arizona's guidelines. Missing or incomplete documents are one of the most common reasons for delays, so using a thorough checklist is strongly recommended.

Arizona imposes a mandatory 60-day waiting period from the date the respondent spouse is served before a judge can finalize the divorce. In practice, most uncontested divorces in Arizona are completed within 60 to 90 days when paperwork is properly prepared and filed. Delays can occur if documents are incomplete, if the court has a backlog, or if the responding spouse takes time to sign and return the waiver of service.

In many Arizona counties, an uncontested divorce can be finalized without either spouse appearing in court, particularly when both parties have signed all required documents and waived formal service. Some counties may require at least one spouse to appear for a brief default or consent decree hearing. Check with your specific county's Superior Court to confirm whether an in-person appearance is required in your case.

A DIY uncontested divorce in Arizona typically costs between $400 and $600, which covers court filing fees. If you hire an attorney to assist with document preparation and review, costs generally range from $1,500 to $3,500. This is dramatically less expensive than a contested divorce, which can run $15,000 to $30,000 or more — making reaching full agreement with your spouse one of the most financially beneficial decisions you can make.

Once you file your petition and pay the filing fee at the Superior Court, your spouse must be formally served with the divorce papers — or they can sign an Acceptance of Service to waive formal service. After service, the mandatory 60-day waiting period begins. If all documents are in order and both spouses have signed the settlement agreement, the judge will review everything and issue a Decree of Dissolution of Marriage without requiring a hearing.

Arizona is a community property state, meaning all assets and debts acquired during the marriage are presumed to be jointly owned and subject to equitable division upon dissolution. In an uncontested divorce, you and your spouse can agree to divide community property however you both find fair — it doesn't have to be a strict 50/50 split as long as both parties consent and the agreement is documented in your Marital Settlement Agreement. Separate property, such as assets owned before marriage or received as gifts or inheritance, generally remains with the original owner.

A Parenting Plan is a required document in any Arizona dissolution of marriage involving minor children, including uncontested divorces. It must address both legal decision-making authority (formerly called custody) — covering decisions about education, healthcare, and religion — and parenting time, which is the schedule for when each parent has the child. Arizona courts favor plans that support both parents' involvement in the child's life, and a well-crafted plan can help avoid future disputes.

Arizona uses specific statutory guidelines to calculate child support based on both parents' incomes, parenting time, and other factors — and courts are required to follow these guidelines. You and your spouse can agree on a child support amount in your settlement, but if it deviates from the calculated guideline amount, you must provide the court with a written explanation justifying the deviation. A judge will not approve a child support agreement that appears to harm the child's financial interests.

Yes — spousal maintenance, Arizona's term for alimony, can be included in an uncontested divorce settlement if both spouses agree on the amount and duration. If you don't agree, a court may award maintenance based on factors such as one spouse's inability to meet their own needs, the standard of living during the marriage, and the length of the marriage. In an uncontested case, you have the flexibility to negotiate a maintenance arrangement that works for both parties and include it directly in your Marital Settlement Agreement.

Arizona law requires a parent who wishes to relocate with a child to provide the other parent at least 45 days written notice before the planned move. The non-relocating parent has the right to petition the court to prevent the relocation, and the court will evaluate the move based on the best interests of the child. If you anticipate a possible future relocation, it is wise to address this proactively in your Parenting Plan during the divorce process.

Even in an uncontested divorce, both spouses are required to fully disclose all assets and debts through a financial disclosure statement filed with the court. If you suspect your spouse may be hiding assets or underreporting income, you have the right to request documentation or conduct informal discovery before signing any agreement. Consulting with an Arizona family law attorney — even just for a one-time document review — can give you peace of mind that your settlement agreement is equitable and legally sound.