Below is a general chronological overview of the typical stages in an Arizona divorce case when there are no children involved. Your case may not include every stage listed here—much depends on the actions taken by you or your spouse during the process.

These stages are meant to provide a broad understanding of how divorce typically progresses in Arizona.

Typical Case Stages

1. Initial Consultation – Meet with an experienced divorce attorney to discuss your situation and legal options.
2. Petition for Dissolution of Marriage – One spouse (the petitioner) files the formal request for divorce with the court.
3. Service of Process – The divorce papers are formally delivered to the other spouse (the respondent).
4. Response to Petition – The respondent files their formal reply to the petition within the allowed time frame.
5. Preliminary Injunction – Court orders go into effect to prevent either spouse from selling property, incurring new debts, or removing the other from insurance coverage.
6. Disclosure & Discovery – Both parties exchange information about assets, debts, and financial matters.
7. Settlement Negotiations – The spouses (with or without attorneys) may negotiate terms for property and debt division.
8. Mediation or Alternative Dispute Resolution (ADR) – If disputes remain, mediation may be used to reach agreement without a trial.
9. Trial Preparation – If no settlement is reached, attorneys prepare evidence and arguments for trial.
10. Trial – The judge hears evidence and issues a ruling on all unresolved matters.
11. Final Decree of Dissolution – The court issues the final divorce order, legally ending the marriage.

Important: Every divorce is unique, and timelines can vary greatly. If you are facing divorce without children in Arizona, the DM Cantor‘s Family Law Practice (currently known as Cantor Law Group) strongly recommends scheduling a free initial consultation to discuss your specific case and ensure your rights are protected from the very start.

Legal Separation in Arizona

A legal separation can be either temporary or indefinite. It is a court-issued decree that occurs when a judge determines:

• There is an irretrievable breakdown of the marriage, or
• One spouse wishes to live separate and apart from the other.

Benefits of Legal Separation

• Leaves open the possibility of reconciliation.
• Protects each spouse from being responsible for the other’s future debts.
• Resolves property division, debt allocation, and other important matters—similar to divorce—but without ending the marriage.

Key Considerations

• If one spouse objects to a legal separation, the petition will be converted into a Petition for Dissolution of Marriage, and the divorce process will begin instead.
• At the end of a legal separation, the marriage remains legally intact.
• Legal separation is often chosen for religious reasons or when the couple wishes to preserve the hope of eventually saving the marriage.

To learn more about the specific steps, you can visit the Legal Separation Process page for detailed guidance.

Divorce / Dissolution of Marriage in Arizona

In Arizona, the legal term for ending a marriage is “Dissolution of Marriage”, though it is commonly referred to as divorce. A marriage is dissolved after the completion of a dissolution proceeding.

Grounds for Divorce

Arizona is a no-fault divorce state. The only recognized ground for divorce is that the marriage is “irretrievably broken” or there are “irreconcilable differences”.

• It is not necessary to prove that one spouse was at fault.
• All that is required is for one spouse to want the divorce.

Types of Divorce

Uncontested Divorce

An uncontested divorce occurs when your spouse does not file a formal Response to your Petition for Dissolution. This can result in:

• A Default Judgment if no response is filed at all.
• A Consent Decree / Marital Settlement Agreement if you and your spouse reach an agreement without litigation.

Contested Divorce

A contested divorce happens when your spouse files a Response to your Petition for Dissolution.

• Filing a Response does not prevent the possibility of reaching a future settlement.
• Often, both parties will negotiate through their attorneys and reach a Marital Settlement Agreement after discovery (the formal exchange of information).
• If no agreement is reached after discovery, the case proceeds to trial, where a judge will decide the unresolved issues.

Whether uncontested or contested, most divorces in Arizona are resolved through settlement rather than trial. However, preparation for both paths is critical to protecting your rights and interests.

Petition for Dissolution in Arizona

The Petition for Dissolution is the formal legal document filed to begin a divorce proceeding in Arizona. Filing this petition sets the divorce process in motion and triggers several related requirements.

Documents Filed with the Petition

When you file the Petition for Dissolution, you will typically also submit:

• Preliminary Injunction – A court order preventing either spouse from taking certain actions, such as transferring property or canceling insurance.
• Request for Maiden Name Restoration (optional) – Commonly filed by women who wish to return to their former last name.
• Order and Notice to Attend Parent Information Program Classes – If children are involved, both parents must attend these court-mandated classes within 45 days of service of the petition.
  • Completion is required before the judge will finalize the divorce.
  • The notice includes details on class locations, costs, how to register, and how to ensure completion certificates are sent to the court.

Residency Requirement

Before the court can proceed, it must confirm jurisdiction. At least one spouse must have lived in Arizona for 90 days prior to filing the petition.

Waiting Period

After the petition is filed and the service of process is completed on the other spouse, Arizona law imposes a 60-day waiting period before the divorce can be finalized.

Filing the Petition for Dissolution is the first critical step in the divorce process, and ensuring all accompanying documents are properly filed can help avoid unnecessary delays in your case.

Preliminary Injunction in an Arizona Divorce

A Preliminary Injunction is one of the first documents filed along with the Petition for Dissolution in a divorce case. It is the court’s initial order issued at the start of the proceedings and is designed to maintain stability and fairness while the case is pending.

Purpose of the Preliminary Injunction

The order immediately puts certain restrictions in place for both spouses, including:

• Protection of Community Property – Prevents either spouse from selling, transferring, or giving away community assets without agreement.
• Child Relocation Restrictions – Prohibits either spouse from taking the children out of state without the other’s prior written consent.
• Behavioral Conduct – Forbids harassment or actions that disturb the peace of the other spouse.

The Preliminary Injunction remains in effect throughout the divorce process and helps ensure that property, children, and the well-being of both parties are protected until the court issues a final decree.

Service of Process / Summons in an Arizona Divorce

After the Petition for Dissolution is filed with the court, the Petitioner must arrange for the Summons and all other required documents to be served on the Respondent (the other spouse).

How Service is Completed

• The most effective method is to hire a private process server to personally deliver the documents.
• Once the Respondent is served, the court officially considers them notified of the divorce proceedings.

Response Deadline

• The Respondent has 20 days if served in Arizona from the date of service to file a Response to the Petition.
• If no response is filed within this time frame, the court may grant all the relief requested by the Petitioner through a Default Judgment.

If You Have Been Served

If you are served with a Petition for Dissolution, it is important to act quickly—property division rights and other critical legal matters are immediately at stake. Contacting an experienced divorce attorney, such as the DM Cantor‘s Family Law Practice (currently known as Cantor Law Group), right away can help ensure your rights are fully protected.

Default Judgment

A Default occurs when a spouse does not Respond to the Petition for Dissolution within the required time (20 days if the spouse is an Arizona Resident; 30 days for an out-of-state Resident). Once this time expires and no response has been filed, you may submit a Notice of Default to the Court. This requests the Court to grant everything stated in your Petition. After filing the Notice of Default, your spouse has 10 days to Respond. If no Response is filed, the case will be assigned to a Judge to issue a Final Judgment in the form of a Decree of Dissolution. You must attend the Default Hearing in Court; without your presence, the Judge cannot sign the Decree or provide you with a copy. This process typically takes two to four weeks.

If the Judge grants the Default, the defaulted spouse can still file a Motion to Set Aside the Default Judgment to allow them to submit a Response. If the Judge grants this Motion, the process starts over. If a Default Judgment has been entered against you, contact DM Cantor‘s Family Law Practice (currently known as Cantor Law Group) immediately so they can work to resolve the situation.

Discovery Process

Discovery is the process allowing each party to examine all possible evidence supporting their claims. In Arizona, both spouses must disclose in writing all legal and factual grounds for their defenses and claims. In a Notice of Witnesses, they must list all witnesses and exchange any documents to be used at trial. Failure to fully disclose items may result in them being excluded at trial.

Interrogatories are written questions each party must answer in writing. Depositions are court-ordered interviews conducted with both attorneys present and a court reporter; sometimes one spouse may attend to assist their attorney with follow-up questions. A Request for Admissions is a written list of specific questions seeking direct admissions to streamline case preparation (e.g., “Are you the father of the child?”). A Request for Production of Documents seeks specific documents that may benefit either party’s case.

These Discovery tools clarify all issues for both sides and help move the case toward a Marital Settlement Agreement/Consent Decree, which is far preferable to a Trial. If a trial is inevitable, these measures are essential for achieving the most favorable outcome. DM Cantor‘s Family Law Practice (currently known as Cantor Law Group) maintains an extensive database of Interrogatories, Deposition questions, and some of the most effective Requests for Production of Documents available in the legal field.

Spousal Maintenance (Alimony)

In Arizona, Spousal Maintenance is not intended to be punitive. Its purpose is to help a spouse maintain the standard of living enjoyed during the marriage and assist in the transition from living together to living independently. Arizona law considers numerous factors in deciding whether to award Spousal Maintenance, including:

• Ability of the spouse seeking maintenance to meet their needs independently (through separate property or other means)
• Inability to support oneself through employment
• Whether one spouse contributed financially or through time to the other’s educational opportunities
• Length of the marriage combined with older age that now prevents obtaining sufficient employment
• Time needed for a spouse to acquire necessary education or training for proper employment
• Future earning capacities of both spouses
• Standard of living during the marriage
• Ability of the paying spouse to maintain their own standard of living while providing support
• Whether either spouse destroyed, wasted, concealed, or gave away Community Property
• Comparative earning abilities of the spouses
• Ages of both spouses
• Physical and emotional condition of each spouse
• Jobs held during the marriage
• Educational or vocational skills of the spouse seeking maintenance

Property Division / Community Property

Arizona is a Community Property state. Separate Property—property owned before the marriage—is retained by its original owner. Inheritance and separate gifts are also generally classified as Separate Property.

All property and debt acquired during the marriage, including wedding gifts, through the joint resources or funds of the spouses, are considered Community Property. This applies even to property acquired outside Arizona, if it would qualify as Community Property had it been obtained in Arizona during the marriage.

Marital misconduct or fault is irrelevant in property division, and the fact that only one spouse worked during the marriage does not affect how Community Property is divided.

Community Property (Additional Considerations)

Community Property also includes pensions, benefits, stock plans, accrued vacation, deferred compensation, frequent flier miles, publishing rights, copyrights, patents, or any other assets of value acquired during the marriage.

The Court may consider wasteful spending, destruction, concealment, or fraudulent transfers of Community Property when determining the Property Division.

Under certain circumstances, the Judge may order repayment of Separate Property used to improve Community Property assets (e.g., inheritance money used to improve the marital home). The Court may also place a lien on a spouse’s Separate Property to secure payment for Spousal Maintenance or any other obligation under the Judge’s Final Judgment in the Decree of Dissolution.

Reconciliation Request

If one party believes the marriage can be saved, they may petition the Court to order marriage counseling. This pauses the Dissolution proceedings for up to 120 days while the Court evaluates whether Reconciliation is possible and likely.

Consent Decree / Marital Settlement Agreement

If both parties agree to settle before Trial, they may file a Marital Settlement Agreement with the Court. This serves as a contract resolving all issues and is typically titled a Stipulation to File Consent Decree. It must be signed by both parties and filed with the Court, along with the Decree of Dissolution, for the Judge’s review, approval, and signature. The Court generally adopts all terms in the Agreement unless significant issues are found.

A Consent Decree often occurs when one spouse chooses not to contest the original Petition for Dissolution. Before entering into a Marital Settlement Agreement, it is important to consult DM Cantor‘s Family Law Practice (currently known as Cantor Law Group) to ensure you are not unknowingly giving up future rights. This Agreement is frequently used to resolve matters involving Property Division and Spousal Maintenance.

Trial

After completing Discovery, attorneys will attempt to negotiate a Marital Separation Agreement/Consent Decree. If no agreement is reached, they will file with the Court to set the case for Trial. Most Trials last 3-6 hours, though complex cases with significant assets may take up to 3 days. In Arizona, divorce Trials are Bench Trials—heard by a Judge without a jury. The Judge reviews all evidence and issues a Final Judgment in the form of a Decree of Dissolution.

The Petitioner presents their direct evidence first. After their testimony and that of their witnesses, the Respondent’s attorney conducts cross-examination. The Petitioner’s attorney may then perform redirect examination. Once the Petitioner’s witnesses are done, the Respondent presents their own direct evidence, undergoes cross-examination, and may also have redirect examination. Both sides must prove their claims by a Preponderance of the Evidence—meaning a fact is more likely than not true (about 51%).

During Trial, both attorneys can object to evidence or testimony. Without an objection, there is no record for a possible Appeal. Having an experienced Family Law attorney skilled in Trial advocacy is critical. DM Cantor‘s Family Law Practice (currently known as Cantor Law Group) has extensive Jury and Bench Trial experience and is recognized in the Bar Register of Preeminent Lawyers®.

After all evidence is presented, the Judge hears closing arguments—first from the Petitioner’s attorney, then from the Respondent’s attorney. The Judge may take the case under advisement and later issue a written ruling. While most rulings are made within a week or two, the Judge has up to 60 days by law to deliver the Final Judgment and Decree of Dissolution.

Decree of Dissolution

The Decree of Dissolution is the Final Judgment that restores both parties to the status of unmarried persons. It contains the Court’s final rulings on Child Custody, Property Division, and other key matters related to ending the marriage. Some provisions have specific effective dates, while others take effect immediately.

Final Judgment
In Arizona, once the Judge has reviewed all evidence, they issue the Final Judgment in the form of a Decree of Dissolution. This ruling addresses specific issues such as Property Division. While Community Property law suggests assets be divided equally, in practice, one spouse may receive a more valuable asset in exchange for assuming more debt—such as keeping the marital home while taking on the mortgage.

A spouse may also retain their pension or retirement plan in exchange for giving up another valuable asset. If the parties cannot agree on division, the Judge can order the sale of assets and split the proceeds evenly. Additionally, a spouse’s former or maiden name can be restored upon request in the Petition for Dissolution. When preparing your Petition with DM Cantor‘s Family Law Practice (currently known as Cantor Law Group), simply request the name change for quick and efficient processing.