Going through a divorce is one of the most stressful experiences a person can face. Understanding what the process looks like in Arizona can help you feel more prepared and make better decisions along the way. Whether your divorce is straightforward or complex, knowing what to expect at each stage is essential.
How Does an Arizona Divorce Begin?
The Arizona divorce process starts with filing a Petition for Dissolution of Marriage with the Superior Court in the appropriate county. Once the petition is filed, the other spouse must be formally served with the divorce papers.
After service is completed, the responding spouse has a set amount of time to file a response. If you live in Arizona, that window is 20 days. If you live outside the state, you have 30 days. Your response must address each item in the petition, stating whether you agree or disagree with each position and, where you disagree, what your position is.
What Happens at the Resolution Management Conference?
Once both parties have filed their initial documents, the court typically schedules what is called a Resolution Management Conference, or RMC. This is the first formal hearing in your case.
The RMC is not a trial. Its purpose is procedural. The judge will review the case and determine how it should move forward. Both parties and their attorneys discuss timelines, outstanding issues, and whether the case may be resolved through mediation or needs to proceed toward trial.
How Long Does an Arizona Divorce Take?
One of the most common questions people ask is how long the process will take. The honest answer is that it depends on the complexity of your case and how willing both parties are to work toward resolution.
A relatively simple, agreed-upon divorce can be finalized in as little as 60 to 120 days. An average contested divorce typically takes six to nine months. Cases that involve businesses, large financial accounts, real property disputes, or complex asset tracing can take significantly longer, sometimes one to two years from start to finish.
Does It Matter Where You File for Divorce in Arizona?
Yes, and this is a detail that surprises many people. Filing for divorce in the wrong county can cost you time and money.
If you have children, the court generally looks at where the child has lived for the past 90 days to six months to determine the appropriate jurisdiction. If there are no children, the court may look at where each spouse currently resides or where significant assets such as real property are located. Speaking with an attorney before you file ensures you start in the right place.
Will Your Arizona Divorce Go to Trial?
Not necessarily. In fact, most Arizona divorces are resolved before they ever reach a courtroom. The court actively encourages parties to settle their disputes through direct negotiation, mediation, and alternative dispute resolution (ADR) conferences.
If you and your spouse are able to agree on the terms of your divorce, including property division, child custody, child support, and spousal maintenance if applicable, the judge can finalize the divorce based on that agreement. If you cannot reach an agreement, the case will proceed to trial and the judge will make the final decisions on all unresolved issues.
Talk to a Phoenix Divorce Attorney
Every divorce is different. Knowing the general process is helpful, but understanding how that process applies to your specific situation requires experienced legal guidance.
