How long does it take to get a divorce in Arizona?

Lowen Jones

Arizona managing attorney at Marble Law

Published September 1, 2024 · 7 min read

Key Takeaways

Mandatory Waiting Period: Arizona law requires a 60-day waiting period after the divorce petition is served before the divorce can be finalized.
Uncontested Divorces: If both parties agree on all aspects of the divorce, the process can be relatively quick, typically taking 60 to 90 days.
Contested Divorces: Disagreements between parties can significantly extend the timeline, potentially lasting several months or over a year.
Other Factors: The complexity of assets, cooperation between parties, and court backlog can also influence the duration of the divorce process.

When considering a divorce in Arizona, one of the most common questions is, “How long will the process take?” While the timeline can vary depending on several factors, there are general guidelines based on Arizona law that can help set expectations.

Minimum Waiting Period: A.R.S. § 25-329

Arizona law establishes a mandatory waiting period before a divorce can be finalized. Under A.R.S. § 25-329, there is a 60-day waiting period from the date the divorce petition is served on the other party. This means that even in the simplest of cases, where both parties are in agreement on all issues, a divorce cannot be finalized until at least 60 days have passed after the service of the petition.

This waiting period is intended to give both parties time to consider reconciliation and ensure that divorce is the desired outcome. However, it is important to note that this is a minimum timeframe. Most divorces take longer due to various factors such as disputes over property, child custody, or spousal maintenance.

Uncontested Divorce

In an uncontested divorce, where both parties agree on all aspects of the divorce, including division of assets, debts, child custody, and support, the process can be relatively quick. Once the 60-day waiting period has passed, the parties can submit a consent decree to the court. If everything is in order, the judge can sign the decree, finalizing the divorce. In these cases, the entire process may take anywhere from 60 to 90 days.

For example, if both spouses agree on all terms and submit the necessary paperwork promptly after the 60-day waiting period, their divorce could be finalized shortly thereafter.

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A contested divorce, on the other hand, can take significantly longer. In a contested divorce, the parties disagree on one or more issues, such as property division, child custody, or spousal maintenance. These disputes often require court intervention, which can prolong the process.

In a contested divorce, the timeline can extend several months or even over a year, depending on the complexity of the issues and the court’s schedule. The process may involve discovery (the exchange of information between parties), mediation, pretrial hearings, and ultimately a trial if the parties cannot reach an agreement. Each step can add time to the overall process.

Close-up of a person holding a calculator and managing paperwork, symbolizing financial planning and considerations during a divorce process in Arizona.

Other Factors That Can Affect the Timeline

Several other factors can influence how long a divorce takes in Arizona. These include:

Complexity of Assets: Divorces involving complex assets, such as businesses or multiple properties, can take longer due to the need for valuations and detailed negotiations.
Cooperation Between Parties: The more cooperative the parties are, the quicker the process will be. If one party is uncooperative or delays the process, it can extend the timeline.
Court Backlog: The court’s schedule can also impact how long it takes to finalize a divorce. Busy court dockets may lead to delays in setting hearings or trials.

Recap

The timeline for obtaining a divorce in Arizona varies based on several factors. While the minimum waiting period is 60 days, uncontested divorces can be finalized within 60 to 90 days, whereas contested divorces may take several months to over a year. It is important to consult with an attorney to understand the specific factors that may impact the timeline of your divorce. This overview is not legal advice, and seeking legal assistance is recommended to navigate the complexities of your unique situation.