Arizona Uncontested Divorce
File an uncontested divorce in Arizona without a lawyer. See if you qualify, understand the process, and learn how to save time and money. Updated for 2026.
What is an Uncontested Divorce?
An uncontested divorce is one where both spouses agree on all issues, including property division, debt allocation, child custody, child support, and spousal support. Because there is nothing for the judge to decide, these cases move through the court system much faster and cost significantly less than contested divorces.
Uncontested
- +Lower cost ($299 + filing fee with Divorce.ai)
- +Faster timeline (3-5 months)
- +Less stress and conflict
- +No lawyer required
Contested
- -Higher cost ($$15,000-$$100,000+)
- -Longer timeline (6-18+ months)
- -Higher conflict and stress
- -Attorney usually needed
Do You Qualify for an Uncontested Divorce in Arizona?
To file an uncontested divorce in Arizona, you generally need to meet these criteria:
Residency requirement met
At least one spouse has lived in Arizona for 3 months.
Agreement on property division
Both spouses agree on how to divide all marital assets and debts.
Agreement on child custody and support (if applicable)
If children are involved, both spouses agree on custody, visitation, and child support.
Agreement on spousal support (if any)
Both spouses agree on whether spousal support will be paid, the amount, and duration.
Spouse is willing to participate
Your spouse must either sign the agreement or be properly served and not contest the filing.
Check your eligibility in 5 minutes
Answer a few questions and Divorce.ai will tell you if an uncontested divorce is right for your situation.
Arizona Summary Consent Decree
Arizona's Summary Consent Decree process allows spouses who agree on all divorce terms to file jointly, skipping formal service of process. Both parties complete, sign, and file papers together. The 60-day waiting period under A.R.S. § 25-329 still applies, measured from the date of acceptance of service. No hearing is required if the court approves the decree on the papers.
Requirements for Summary Consent Decree
Both spouses agree on all terms of the divorce including property division, support, and custody
The marriage is not a covenant marriage
At least one spouse has lived in Arizona for at least 90 days
Both spouses agree the marriage is irretrievably broken
Both spouses have attempted conciliation services or agree there is no reasonable prospect of reconciliation
Both spouses jointly file and sign all required paperwork
How to File an Uncontested Divorce in Arizona
Reach Agreement with Your Spouse
Discuss and agree on property division, debts, custody, support, and any other issues before filing. Write down your agreement — Divorce.ai can help you create a formal settlement agreement.
Complete Your Forms
Fill out the 7 required forms for Arizona. See the complete forms list.
File Your Petition
File the petition with your local court and pay the $349 filing fee. E-filing may be available in your county.
Serve Your Spouse
Even in an uncontested divorce, you must formally serve your spouse. In many cases, your spouse can sign a waiver of service to simplify this step.
Wait for the Mandatory Period
Arizona has a 60-day waiting period. Under A.R.S. § 25-329, the court cannot hold a hearing or enter a decree of dissolution until at least 60 days after the date of service of process or the date of acceptance of service. This is a mandatory cooling-off/conciliation period with no exceptions, even if the parties have agreed on all terms.
Receive Your Final Decree
Once the waiting period ends and the court approves your agreement, you will receive your final decree of divorce. Some courts require a brief hearing; others approve by mail.
File your uncontested divorce with confidence
Divorce.ai prepares all your Arizona forms and settlement agreement. Guided, accurate, and affordable.
Common Mistakes in Uncontested Divorces
Not putting your agreement in writing
Verbal agreements are not enforceable. Always create a written settlement agreement filed with the court.
Forgetting about retirement accounts
401(k)s, pensions, and IRAs earned during marriage are marital property. Address them in your agreement even if one spouse doesn't claim them.
Incomplete financial disclosure
Arizona requires financial disclosure within 40 days. Hiding assets can void your agreement.
Skipping proper service
Even if your spouse agrees, improper service can invalidate the entire case. Follow Arizona's service rules carefully.