Divorce without Children FAQ

To file for Dissolution of Marriage in Arizona, at least one spouse must have been a resident of the state for a minimum of 90 days before filing. If you have no minor children together, you simply file in the Superior Court of the county where either spouse currently resides, and you do not need to submit a parenting plan. Arizona is a no-fault state, meaning you only need to cite an irretrievable breakdown of the marriage — no proof of wrongdoing is required.

Arizona law imposes a mandatory 60-day waiting period from the date the respondent spouse is served before a divorce can be finalized. In practice, an uncontested divorce without children can often be completed in 60–90 days if both spouses agree on all terms. Contested divorces — where disagreements over property or finances require court hearings — can stretch to a year or more.

You must file your Petition for Dissolution of Marriage at the Superior Court in the county where either you or your spouse resides. Arizona has 15 counties, each with its own Superior Court clerk's office and local filing procedures. Filing fees typically range from $200–$350 depending on the county, and some courts offer fee waiver programs based on financial hardship.

Arizona is a purely no-fault divorce state, meaning the only legal ground for Dissolution of Marriage is the irretrievable breakdown of the marriage. You do not need to prove adultery, abandonment, or any other misconduct. However, if you entered into a Covenant Marriage, additional grounds and counseling requirements apply before a divorce can be granted.

Yes. If your spouse fails to respond to the divorce petition within 20 days of being served (30 days if served outside Arizona), you may request a default judgment from the court. The judge can then grant the divorce and approve a property settlement based on your petition alone. It is still advisable to work with an attorney in default situations to ensure your proposed terms are legally sound.

Arizona is a community property state, which means all assets and debts acquired during the marriage are presumed to be jointly owned and subject to equitable division upon dissolution. This includes real estate, vehicles, retirement accounts, bank accounts, and investment portfolios accumulated from the date of marriage through the date of service of the petition. Separate property — assets owned before marriage or received as a gift or inheritance during marriage — is generally not divided, though commingling separate and marital funds can complicate matters.

Just as assets are divided, debts incurred during the marriage are treated as community obligations and are split between both spouses. This includes mortgages, car loans, credit card balances, and personal loans taken out during the marriage. Keep in mind that while a divorce decree can assign responsibility for a debt to one spouse, creditors are not bound by that agreement — if your name remains on the account and your ex defaults, your credit is still at risk.

The portion of your retirement account — whether a 401(k), IRA, or pension — that was accumulated during the marriage is considered community property in Arizona and is subject to division. Only contributions and growth from before the marriage or after the date of service are considered separate. Division of retirement accounts typically requires a Qualified Domestic Relations Order (QDRO) to avoid tax penalties, and mistakes in this process can be costly.

If both spouses agree on the division of all assets and debts, you can file an uncontested divorce by submitting a written Consent Decree or Property Settlement Agreement to the court along with your other dissolution paperwork. This is the fastest and least expensive path, often costing between $1,500–$3,500 if you use an attorney, or $400–$600 if you handle the filing yourselves. The court will review the agreement to ensure it is not unconscionable before approving it.

Generally, no. Because Arizona is a no-fault divorce state, a spouse's marital misconduct — such as infidelity — is not a factor in property division. However, if one spouse deliberately wasted, hid, or dissipated marital assets (a legal concept called "waste"), the court may take that into account when determining an equitable distribution and may award the other spouse a larger share to compensate.

Yes — the absence of children does not eliminate the possibility of spousal maintenance (also called alimony) in Arizona. A court may award maintenance if one spouse lacks sufficient property to meet their reasonable needs, is unable to be self-sufficient through employment, or made significant career sacrifices during the marriage. The amount and duration are determined by factors including the length of the marriage, the standard of living established, and each spouse's earning capacity.

Arizona does not have a fixed formula for the duration of spousal maintenance — it is left to the judge's discretion based on the circumstances of the marriage. Maintenance is often awarded for a period tied to the length of the marriage, with the expectation that the receiving spouse will work toward financial independence. Temporary maintenance during the divorce proceedings and longer-term awards after finalization are both possible, and either spouse may petition to modify maintenance if circumstances substantially change.

Spouses can negotiate and agree on spousal maintenance terms as part of a settlement agreement, and courts generally respect these arrangements as long as they are not grossly unfair. If the spouses cannot agree, a judge will make the determination based on Arizona statutes and the evidence presented at a hearing. Including a clear spousal maintenance clause — or a mutual waiver of maintenance — in your settlement agreement is strongly recommended to avoid future disputes.

The cost of an Arizona divorce without children varies widely depending on how amicable the split is. A DIY uncontested divorce typically costs $400–$600, covering court filing fees and any document preparation services. Attorney-assisted uncontested divorces generally run $1,500–$3,500, while a contested divorce that requires litigation can easily reach $15,000–$30,000 or more per spouse. Agreeing on as many terms as possible before filing is the most effective way to control costs.

Not necessarily — this is one of the most common misconceptions about divorces without children. While you won't need to negotiate a parenting plan or child support, complex financial situations — such as business ownership, significant retirement assets, real estate, or high levels of shared debt — can make property division just as contentious and expensive as any other divorce. It's important to assess the full scope of your marital finances before assuming a streamlined process.

Yes, mediation is a widely used and court-encouraged alternative to litigation in Arizona divorces. A neutral third-party mediator helps both spouses reach agreements on property division, debt allocation, and spousal maintenance without a judge deciding for them. Mediation is significantly less expensive than a contested trial and can often be completed in one to a few sessions, with the resulting agreement then submitted to the court for approval.