How to File for Divorce in Arizona in 2026

The Decision to File: Understanding the Legal Basis

In Arizona, the legal term for divorce is “Dissolution of Marriage.” It is the legal termination of the marriage, restoring both parties to the status of single persons. Before we discuss how to file for divorce in Arizona, it is critical to understand what you are filing.

Arizona is a “no-fault” divorce state. This is a concept that often confuses people who feel they have been wronged. In the past, or in other jurisdictions, you might have had to prove “grounds” for divorce—adultery, abandonment, abuse, or cruelty. In 2026, Arizona courts do not require one spouse to prove the other was a bad partner to get a divorce. They only need to allege that the marriage is “irretrievably broken” and that there is no reasonable prospect of reconciliation. 

This “no-fault” standard effectively means that if one person wants a divorce, the divorce will happen. The other spouse cannot stop it by claiming they still love their spouse or by refusing to sign papers. The court views marriage as a voluntary union; when one volunteer wants to leave the marriage, the union ends.

There is one major exception: “Covenant Marriage.” If you and your spouse underwent pre-marital counseling and signed a special declaration on your marriage license opting into a Covenant Marriage, the rules are different. In 2026, Covenant Marriages remain a small minority of Arizona unions, but for those in them, “no-fault” does not apply. You must prove specific grounds (like adultery, a felony conviction, or abandonment) or agree mutually to divorce. This guide focuses on the standard, non-covenant marriage, which applies to the vast majority of Arizonans. Divorce mediation is an option for those in covenant marriage as well, to learn more, schedule a free consultation with a professional attorney-mediator to understand your options. 

Step 1: Residency and Jurisdiction

You cannot file for divorce in Arizona unless the Arizona courts have “subject matter jurisdiction” over your marriage.

The 90-Day Domicile Rule

Arizona law requires that at least one person—either you or your spouse—must have been domiciled in Arizona for at least 90 days immediately prior to filing the Petition for Dissolution. 

• What is Domicile? Domicile means you live here with the intent to remain. You have an Arizona driver’s license, you are registered to vote here, or you lease an apartment here.
• Military Exception: For service members stationed at bases like Luke Air Force Base or Davis-Monthan, physical presence for 90 days due to military assignment satisfies this requirement, even if you technically maintain legal residency in another state. You can read more about military divorce here. 

In mediation, your mediator will guide you both through the process of notifying the court of your intention to divorce. 

Preparing the Paperwork

In mediation, your mediator will help you reach all agreements and draft your documents for your review. There are numerous documents involved in a divorce which can make filing on your own a risky endeavor. 

The Essential Documents

This is a simplified description of the primary documents to help you understand what’s involved. 

• Petition for Dissolution of Marriage: This is the main document. It tells the court who you are, who your spouse is, when you were married, etc. In mediation, the Petition is a neutral document that lets the court know that you are working to reach all agreements in mediation. 
• Summons: This is a legal form notifying your spouse that documents have been filed and that they must respond within a certain time (usually 20 days if they are in Arizona). It’s important to know that service of documents does not take place in mediation, which greatly reduces the risk of further conflict. We will make sure all necessary documents are filed, so you don’t have to.
• Preliminary Injunction: This is an automatic court order that freezes the status quo. It prevents both you and your spouse from selling major assets (like the house), emptying bank accounts, changing insurance beneficiaries, or hiding the children. 
• Sensitive Data Cover Sheet: This document lists social security numbers and dates of birth. It is kept confidential and not part of the public record. In mediation, all conversations had with your mediator are kept confidential.
• Notices: Various notices regarding health insurance rights and creditors.
• Affidavit of Minor Children: If you have kids, this form tells the court where the children have lived for the last five years, ensuring compliance with the jurisdiction rules mentioned earlier.

In mediation at The Aurit Center, we file your documents using the Summary Consent Decree process. This means that after reaching all agreements with your expert mediator, we’ll file your Petition documents and your final agreements with the court (as opposed to filing a Petition first and then waiting to file your final agreements at a later time). This simplifies the legal process significantly and ensures that everything is completed by the time documents are filed with the court – no need to worry about your case being dismissed while you reach agreements. This also eliminates any need for a formal response to be filed.

Understanding Filing Fees and Costs

In 2026, the court’s fees vary slightly by county, but they generally fall within a predictable range.

The Petitioner’s Fee

When your documents are filed with the Clerk of the Court, you must pay court filing fees.

• Maricopa County: As of 2026, the base fee for a Petition for Dissolution is approximately $349. If you have children or other complexities, local surcharges can push this total closer to $376.
• Pima County: The fees are generally lower, often around $266 to $301.
• Other Counties: Rural counties like Apache or Mohave have their own fee schedules, often ranging between $200 and $300.

The Respondent’s Fee

If you are not in mediation, your spouse also has to pay a filing fee with the court. If they want to file a “Response” to your petition (which they must do to contest anything), they must pay their own filing fee, typically known as an “Appearance Fee.” In Maricopa County, this is roughly $274 to $287.5

 

In mediation, utilizing the Summary Consent Decree process, the filing fee is much less than the traditional filing fee. For example, rather than having to pay the Petitioner’s fee and Respondent’s fee – totaling more than $620 in Maricopa County–the filing fee is $350 for the Summary Consent decree process. 

Fee Deferrals and Waivers

If you cannot afford these filing fees, you can file an “Application for Deferral or Waiver of Court Fees”.

• Deferral: The court lets you file now but puts you on a payment plan. You might pay the fees later (ex: from the proceeds of selling the house).
• Waiver: If your income is very low (e.g., you receive nutrition assistance or SSI), the court may waive the fees entirely. You will need to provide proof of income.

Step 4: Service of Process

In a litigated divorce, filing the papers is only half the battle. You must arguably perform the most contentious step: Service of Process. Due process requires that your spouse is officially notified of the lawsuit. 

Important to note: Neither party is served with papers in mediation. All documents are completely joint, so no one is taken by surprise or served a list of demands.

Methods of Service:

• Acceptance of Service: This is the easiest, cheapest, and most amicable way. You hand the papers to your spouse, and they sign a specific legal document called an “Acceptance of Service” in front of a notary. By signing this, they admit they received the papers. It does not mean they agree with what is in them; it just proves they got them.
• Process Server: Another option is to hire a private process server. For a fee (usually $50-$100), a registered professional will hand-deliver the papers to your spouse at home or work. This provides definitive proof of service. Serving your spouse often causes more conflict and leaves them feeling embarrassed or betrayed.
• Sheriff: In some counties, the Sheriff’s office will serve papers, though private process servers are often faster.
• Certified Mail: You can mail the papers via restricted delivery (return receipt requested) where only your spouse can sign for them. This is tricky because if they refuse to sign the green card, service is not complete.

Date of Service

Arizona law mandates a 60-day “cooling-off” period. The court cannot sign your divorce decree until 60 days have passed from the date of service. This is a strict statutory minimum designed to prevent rash decisions and give couples a chance—however slim—to reconcile or at least negotiate calmly.

Step 5: The Response and Default

Once served, your spouse has a strict deadline to file a “Response.”

1. 20 Days: If they were served within Arizona.
2. 30 Days: If they were served outside of Arizona.

Scenario A – They File a Response: This makes the case “Contested.” The court will likely schedule a Resolution Management Conference (RMC) to figure out what issues are in dispute – resulting in lengthy delays and causing more tension between spouses. 

Scenario B – They Do Not Respond (Default): If the deadline passes and your spouse has done nothing, you can apply for a “Default.”

1. You file an “Application and Affidavit for Default.”
2. The court gives your spouse a final 10-business-day grace period to file a response.
3. If they still do not respond after those 10 days, you can ask for a “Default Hearing” or submit a “Motion for Default Decree.” In this scenario, you generally get what you asked for in your petition.

The Summary Consent Decree

As discussed, at The Aurit Center, we follow the Summary Consent Decree process.

• How it works: You and your spouse will submit a joint Petition and Response together, which your mediator will help you with. You’ll reach agreements on all terms regarding property, debt, kids, and support in mediation with the professional guidance of an attorney-mediator. 
• The Benefit: You file it all at once. In Maricopa County, this reduces the total filing fee by 50%. You still have to wait the 60 days, but you avoid the hassle of service, separate filings, and anxiety. It is the gold standard for amicable divorces.

To find out more, Aurit Mediation offers a free, no-obligation consultation for you and your spouse to hear how mediation works, get answers to all of your questions and get your personalized flat fee. You don’t have to walk through this alone, we are here to support you every step of the way.