Ending a Marriage

In Arizona, you can end a marriage through divorce (dissolution of marriage), legal separation, or annulment. This section provides an overview of the legal processes for each.

Divorce:

When a court legally ends a marriage. In Arizona, this process is called “dissolution of marriage.”

A.R.S. § 25-312
Legal Separation:

You and your spouse live apart and make important decisions separately, but are still legally married.

A.R.S. § 25-313
Annulment:

When a court decides that a marriage never legally existed.

A.R.S. § 25-301

Divorce and Legal Separation

In Arizona, you only need to tell the court that your marriage is “irretrievably broken,” which means it cannot be fixed. You do not need to prove things like abandonment or adultery unless you have a covenant marriage.

A.R.S. § 25-312(A)(3)

Both divorce and legal separation can determine:

  • Legal Decision-Making (custody) and Parenting Time (visitation): How decisions about the children are made and when they will see each parent.
  • Child Support: Money one parent pays to help support the children.
  • Spousal Support: Money one spouse may need to pay the other.
  • Property Division: How to split ownership of things like your home, pets, and cars.
  • Debt Payment: Who will pay bills like your mortgage, credit cards, car payments, or loans.

There are two different types of divorce in Arizona:

Uncontested

Both spouses agree on all issues.

Both spouses agree on what will happen with children, property, and finances.

One spouse files for divorce or legal separation. Either spouse can file a consent decree and wait about 2 months (65 days) for a judge to sign it.

Once signed by a judge, the divorce is final.

Contested

Spouses do not agree, and the court must decide.

One or both spouses disagree on what will happen with children, property, or finances.

One spouse files for divorce. The court hears from both spouses and decides on matters of children, property, and finances.

Once a decree is signed by a judge, the divorce is final.

A legal separation cannot be contested like a divorce. 

Both spouses must agree to a legal separation for it to be granted. If one spouse objects, the court will change the proceedings to a divorce.

A.R.S. § 25-313(5)

To file for divorce in Arizona, one spouse must have lived in Arizona for at least 90 days and neither spouse can be on active duty in the U.S. military.

To file for legal separation, one spouse must live in Arizona or be stationed here if in the armed forces. There is no time requirement for a legal separation.

How to file for divorce or legal separation in Arizona

To complete the forms, you will need to know:

  • Your spouse’s full name, social security number, address (if known), occupation, and how long you have lived in Arizona.
  • The date of your marriage and the city and state where you were married.
  • Information about any shared property or debts.
  • Plans for custody and parenting time if you have children.

Important things to know

Legal decision-making and parenting time will be part of the proceedings if you have children. A mandatory Parent Information Class is required before final orders related to the child/children are given. Contact your Superior Court for more information about Parent Information Classes.

The court charges a fee to file for divorce and legal separation. You may be able to get these fees waived or deferred if you meet certain income criteria. Contact your Superior Court for more information about fee waivers or deferrals.

Ending a covenant marriage

A covenant marriage is a special type of marriage where both people agree to follow stricter rules for ending the marriage. Ending a covenant marriage is different than a standard divorce or legal separation.

A.R.S. § 25-901

To end a covenant marriage, you must show at least one of the following:

Abuse: Your spouse has physically or sexually abused you, a child, or a relative living with you.

Domestic Violence: Your spouse has been violent or emotionally abusive.

Substance Abuse: Your spouse has a serious drug or alcohol problem.

Felony Conviction: Your spouse was found guilty of a crime and sent to prison.

Cheating: Your spouse cheated on you.

Abandonment: Your spouse has left the home for at least a year and refuses to come back or has said they will not come back for at least a year.

Living Apart: You and your spouse have lived apart without getting back together for at least two years or are expected to live apart for at least two years.

Legal Separation: You and your spouse have lived apart without getting back together for at least one year since a legal separation was ordered by the court.

A.R.S. § 25-903A.R.S. § 25-904

Annulment

An annulment means the court decides that a marriage never legally existed.

A.R.S. § 25-301

The reason you think your marriage was never valid from the start is personal to you. The law does not give exact reasons.

As an example, a common reason for annulment is your spouse lied about something important, like having a criminal record, hiding big financial problems, or saying they were legally divorced from a prior marriage when they were not.

You can request an annulment of your marriage at any time.

There is no limit for how long or short your marriage is. But you or your spouse must have lived in Arizona or been stationed here as a member of the Armed Forces for at least 90 days before filing.

A.R.S. § 25-312(A)(1)

Either spouse can file a Petition for Annulment at the Superior Court where they live.

If one spouse disagrees, the court will have a hearing to look at the evidence from both sides.

Some Arizona Superior Courts provide forms for filing an annulment if you and your spouse have no minor children together. If you have minor children, you may want to contact an attorney before starting the annulment process.

This topic can be complicated. You may want to talk to a legal professional for help.

This website shares general legal information. Some content may be simplified or may not reflect recent changes in law. If you need advice for your specific situation, you should talk to a legal professional.

Find Legal Help

This content was last updated on Oct 1, 2025.