Divorce is often challenging, and one of the first questions most people ask is, “How long will this take?” In Arizona, the answer depends on several factors, including whether the divorce is contested, how fast spouses provide required documents, and the family court’s schedule. While Arizona law sets certain timelines, every divorce case is unique.
In this guide, we will break down the divorce process, explain the minimum waiting period and highlight what can make the process faster or longer.
Arizona Divorce Basics
Since Arizona is a ‘no-fault’ divorce state, neither spouse has to prove wrongdoing by the other for the court to dissolve the marriage. You just need to show that the marriage is “irretrievably broken.” However, you or your spouse must have lived in Arizona for at least 90 days before you can file for divorce.
Once divorce papers are filed and served, Arizona law require a minimum 60-day waiting period before the court can finalize the divorce. Besides seeking to avoid unnecessary delay by setting the shortest possible timeline for divorce proceedings, the waiting period is meant to allow spouses time to reconsider and potentially reconcile.
The Arizona divorce process often involves several basic steps, including:
#Step 1: Filing for Divorce (Petition for Dissolution of Marriage)
After the necessary divorce preparations, the divorce process officially begins when one spouse files a Petition for Dissolution of Marriage with the court. If you are the petitioner, you must formally serve your spouse to notify them of the divorce proceedings.
Your spouse has 20 days to respond if they live in Arizona or 30 days if out of state. If they fail to respond, the court may enter a default judgement in your favor, often ending the process. However, if your spouse responds, the case proceeds through the normal process.
#Step 2: Temporary Orders (If Necessary)
Some divorce proceedings may involve immediate concerns, including who will have custody of the children, and how much to pay in child support or spousal support. Other concerns include who can live in the marital home and how to handle bills and expenses. If you and your spouse can’t agree on these issues, the court may issue temporary orders.
While temporary orders may be necessary for stability during divorce, related hearings are likely to extend the overall timeline.
#Step 3: Discovery and Disclosure
Arizona law requires both spouses to provide full financial disclosure, including income, assets, debts, and expenses. This step is often straightforward and quick in an uncontested divorce. However, for a contested divorce, disputes over hidden assets, business valuations, or property division can prolong the discovery step for months. The more cooperative you and your spouse are in exchanging relevant financial information, the faster this stage moves.
#Step 4: Negotiation, Mediation, or Settlement
Most spouses choose to resolve their divorce issues out-of-court through alternative dispute resolution (ADR) options like arbitration or mediation. The ADR options often resolve disputes faster and are less costly than a court trial. In essence, litigation can add significant delays.
#Step 5: Trial (If Necessary)
If you and your spouse can not agree on major issues, the case goes to trial. The court will then make decisions regarding custody, child support, property division, and spousal maintenance. Unfortunately, a trial adds months, sometimes more than a year, to the divorce timeline.
With courts often having heavy caseloads, scheduling a trial date often depends on availability. Additionally, the more complex the divorce issues, the longer the trial process takes.
#Step 6: Final Decree
Once all the issues are resolved, either through settlement or trial, the judge signs the Final Decree of Dissolution of Marriage, officially ending the marriage. In the best-case scenario, an uncontested divorce can be finalized soon after the 60-day waiting period ends. In more complicated or contested cases, divorce may take six months to a year, or even longer.
Factors That Affect Divorce Timelines in Arizona
While every divorce is unique, there are some common factors that influence how the process takes, including:
- Level of conflict – The more spouses argue, the longer the case is likely to take.
- Court caseloads – Busy family courts may delay hearings and trials.
- Children – cases involving custody disputes often takes longer.
- Property division – complex assets, businesses, or retirement accounts take longer to divide.
- Use of mediation – Mediation and other ADR options often resolve disputes faster than trial.
- Cooperation – Spouses who cooperate, including exchanging documents and responding promptly, often move through the process faster.
Tips for Speeding Up the Divorce Process
While some delays are unavoidable, there are some steps you and your spouse can take to reduce how long it takes to finalize the divorce.
- Stay organized. Gather financial documents early to avoid unnecessary discovery delays.
- Communicate respectfully. Cooperating with your spouse can reduce disputes, shortening the divorce timelines.
- Consider mediation – A neutral mediator can help resolve conflicts faster.
- Work with an experienced divorce attorney – A knowledgeable Arizona family law attorney ensures deadlines are met, documents are complete, and negotiations stay on track.
Contact a Yuma Divorce Lawyer
At the minimum, an Arizona divorce takes 60 days after the serving of papers to finalize. However, in most cases, a divorce last several months. While an uncontested divorce can wrap up quickly, a contested divorce with disputes over children or property can take a year or more. However, regardless of the timeline, having the right legal support ensure the divorce process is smoother and less stressful.
If you’re considering divorce in Yuma, AZ, contact our skilled and experienced divorce attorney at Janet H. Metcalf, P.C. We will guide you through each step, help you avoid unnecessary delays, and protect your rights. Contact us for a consultation and to learn more about our services.
