No Arizona judge can sign a divorce decree until at least 60 days have passed. State law sets that floor, and it applies to every couple, including those who agree on everything. So how long does a divorce take in Arizona beyond those 60 days? For couples who agree, often not much longer. For couples who don’t, many months and sometimes years.
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The Short Answer: 60 Days, Then Agreement Decides
Arizona’s legal minimum is 60 days, counted from service of the divorce papers, or from filing when both spouses file a joint summary consent petition. An agreed divorce can finish soon after that. A contested divorce usually takes several months, and some run longer than two years. Agreement is the biggest variable.
State law fixes two rules: one spouse must live in Arizona for 90 days before filing, and the court can’t enter a decree for 60 days. Everything after that depends on how long it takes the two of you to settle parenting time, support, property, and debt.
That’s why two Arizona divorces filed on the same morning can end months apart. Picture two couples. The first has already agreed on who keeps the house and how to split the retirement accounts, so their paperwork is ready when the waiting period ends. The second disagrees about parenting time and hasn’t gathered bank statements. Their case moves through disclosure deadlines, a conference or two, and possibly a trial date. Their divorce ends up taking 6 months. The law gave both couples the same 60 days. Agreement made the difference.
Arizona’s 90-Day Residency Requirement
Before anyone can file for divorce in Arizona, one spouse must have been domiciled here for at least 90 days. Domiciled means you live in Arizona and intend to stay. Military members stationed in Arizona for 90 days also qualify, even if their legal home is somewhere else. Only one spouse needs to meet the rule, which comes from A.R.S. 25-312.
The 90 days run before the case starts, so they don’t add time to the case itself. If you moved here recently, you can gather documents, talk with an attorney, and even start negotiating while the days run, then file once you qualify. If your spouse lives in another state, only you need to meet the rule, though an out-of-state spouse can raise questions about which court can decide support or property. Ask about that in a consultation.
Arizona also doesn’t require spouses to live apart before filing, so you can file while you still share a house. Covenant marriages follow different rules: they end only on specific grounds, and living apart for a set period is just one of them.
If you haven’t raised the subject at home yet, our post on how to talk to your spouse about divorce walks through that first conversation.
The Arizona Divorce Waiting Period
The Arizona divorce waiting period is 60 days. Under A.R.S. 25-329, the court can’t hold a trial or hearing on the request for a decree, or rule on a motion for one, until 60 days after your spouse is served or accepts service. In a summary consent case, the 60 days start on the filing date instead.
Service means the formal delivery of divorce papers to the other spouse. A process server or sheriff can deliver them, or your spouse can sign an Acceptance of Service. In a summary consent case, both spouses file one combined petition and waive formal service, so the clock starts the day you file.
What Happens During the 60 Days
Couples use the 60 days to exchange financial information, negotiate or mediate the open issues, and sort out the day-to-day questions: who pays which bill, who stays in the house, how the children move between homes.
You don’t have to wait out the 60 days for help with urgent issues. Under A.R.S. 25-316, either spouse can ask the court early in the case for temporary orders on things like parenting time, child support, spousal maintenance, or who stays in the family home. Those orders last until the final decree.
Two legal rules also kick in once the case starts. Arizona’s automatic court order applies to the spouse who files as soon as the petition is filed, and to the other spouse once served. It bars both spouses from hiding or transferring community property, except for usual business expenses, the necessities of life, and court costs and reasonable attorney fees. It also bars removing each other or the children from existing insurance, or taking the children out of Arizona without written consent or a court’s permission. And property either spouse acquires after service generally stays that spouse’s separate property if the case ends in a decree.
4 Ways an Arizona Divorce Reaches a Decree
An Arizona divorce ends in one of four ways: a summary consent decree, a consent decree, a default decree, or a decree after trial. The first three can finish soon after the 60-day waiting period. A trial adds the most time, since the court has to schedule hearings and decide every issue the spouses couldn’t settle.
| Path | Who it fits | When the 60 days start | What sets the pace |
|---|---|---|---|
| Summary consent decree | Spouses who settle everything before filing | The filing date | Finishing the written agreement and the court’s review, usually without a hearing |
| Consent decree | Spouses who reach agreement after filing | Service or acceptance of service | How long it takes to agree |
| Default decree | A spouse who doesn’t respond in time | Service | A 20-day response deadline (30 days if served outside Arizona), a default application, and usually a court hearing |
| Decree after trial | Spouses who can’t agree | Service | Disclosure deadlines, conferences, and the court’s calendar |
The response deadlines come from the Arizona courts’ default timetable. Your case can also change lanes. A divorce that starts contested can settle along the way and finish by consent decree, and many do.
Why an Agreed Divorce Moves Faster
An agreed divorce moves faster since the court has nothing left to decide. Once spouses settle parenting time, support, property, and debt in writing, the judge reviews the agreement and signs the decree after the waiting period. A contested case adds disclosure deadlines, conferences, expert work, and trial dates set by a busy court calendar.
| Agreed divorce | Contested divorce | |
|---|---|---|
| Earliest decree | 60 days after filing or service | 60 days is only the floor |
| Court appearances | Usually none | Conferences, hearings, and possibly trial |
| Financial information | Exchanged while you negotiate or mediate | Formal disclosure under court rules |
| Outside experts | Rarely needed | Appraisers or valuation experts in some cases |
| Who decides | You and your spouse | A judge decides whatever you can’t settle |
Arizona is a no-fault, community-property state. A court divides community property equitably, which Arizona courts generally read as a substantially equal split, without regard to who caused the breakup. Arguing over blame rarely changes how the property gets divided, but it can add months to the calendar and cost to the bill.
What Can Slow Down Any Arizona Divorce
Even an agreed case can stall. Common causes of delay include:
- Missing paperwork. Tax returns, pay stubs, bank and retirement statements, and loan balances. In our experience, gathering documents is where many cases stall.
- Minor children. A parenting plan takes careful work, and both parents usually need to finish the court’s parent education program.
- Retirement accounts and the house. Appraisals, refinancing, and the separate orders needed to divide certain retirement plans take time. Couples ending a long marriage can read more about gray divorce in Arizona.
- Spousal maintenance. Disagreement over support can hold up an otherwise settled case. Our Arizona alimony calculator gives a starting estimate that can narrow the gap early.
- A spouse who can’t be found. Serving papers by publication stretches the response time well past the usual 20 or 30 days.
- A covenant marriage. These marriages end only on specific grounds, such as both spouses agreeing or two years of living apart.
How Divorced in a Day Fits the Arizona Timeline
Divorced in a Day is designed for qualifying Arizona couples who broadly agree and want to stay out of court. You do the preparation first, then settle your terms in one day of mediation with two attorney-mediators, for one flat $5,000 fee. No one appears in court.
- A first call. There is no consultation fee to discuss the program with an attorney-mediator.
- Paperwork before the session. Both spouses sign an agreement to mediate, return a short intake questionnaire, and complete one shared set of inventory worksheets. You can ask either attorney-mediator about big issues along the way, and we draft most of the paperwork before you arrive.
- Scheduling. Sessions are typically scheduled within 7 to 10 days of completed worksheets. Weekend sessions are available.
- Mediation day. Each spouse works in a separate room with an attorney-mediator. Contact with your spouse will not occur. Sessions usually run about two hours without children and about three with them.
- Filing. We file the next business day through Arizona’s Summary Consent Decree process, so the 60-day waiting period starts right away.
- The decree. After the waiting period and the court’s review, your final documents arrive by mail.
Before mediation day, the pace is mostly yours: how quickly the two of you finish the worksheets and gather statements. After filing, it’s the 60 days plus the court’s review. The $5,000 covers both spouses and includes filing, service, notary, and delivery fees.
100% Agreement Rate — Every Divorced in a Day mediation session we’ve conducted has resulted in a full agreement.
When Your Spouse Wants to Fight
Divorced in a Day depends on two spouses who can work toward agreement. If your spouse wants to fight, won’t agree on the big issues, or won’t take part at all, our team handles contested divorces from the first filing through trial. That path runs on the court’s schedule: disclosure, temporary orders when you need them, conferences, and a trial date if the issues don’t settle. Mediation isn’t appropriate when there is abuse, threats, or coercion. In that situation, start with safety and read about orders of protection in Arizona.
Get a Realistic Timeline for Your Divorce
Your timeline comes down to three things: your spouse, your paperwork, and your children. If you don’t think your spouse wants to fight, ask about Divorced in a Day and our mediation services. If you do, call (480) 433-9747 or book a consultation, and we’ll walk through how long a divorce takes in Arizona for a case like yours.
Frequently Asked Questions
Can you get divorced in Arizona in less than 60 days?
No. Arizona law bars the court from entering a divorce decree until 60 days after the other spouse is served or accepts service, or 60 days after filing in a summary consent case. Agreement can’t shorten the wait, but you can use those 60 days to finish every other step.
Do we have to be separated before filing for divorce in Arizona?
No. Arizona doesn’t require couples to live apart before filing, so you can file while you still share a house. Covenant marriages end only on specific grounds, and a period of living apart is one of those grounds, not a requirement for every case. One spouse does need to meet the 90-day residency requirement first.
Can we get temporary orders while we wait out the 60 days?
Yes. Either spouse can ask the court early in the case for temporary orders on parenting time, child support, spousal maintenance, or use of the family home. Temporary orders don’t decide the final outcome, and they end when the court enters the final decree.
When is a divorce final in Arizona after mediation?
When the judge signs the decree and the court enters it. Mediation settles the terms, but the 60-day waiting period and the court’s review still apply. With Divorced in a Day, we file the next business day, so the waiting period starts right after your session.
Does having children make an Arizona divorce take longer?
It can. Parents need a parenting plan and usually complete the court’s parent education program, and disagreements over parenting time take longer to settle than most money questions. Parents who agree on a plan can still finish close to the 60-day minimum.
How long does a divorce take in Arizona if we agree on everything?
Often close to the 60-day minimum. When you settle everything before filing and use a joint summary consent petition, the waiting period starts on the filing date, and the court usually reviews your paperwork without a hearing. The 60 days apply to every case, with or without children or property.
This article is intended for educational purposes only and does not constitute legal advice.