What is the Arizona Divorce Waiting Period?

There are three “waiting periods” pertinent to a divorce in Arizona. This article will go into detail on all three. The first one relates to how long a divorce will last once you file. The second and third will relate to how long you have to wait before you can file for divorce.

Waiting Period after You File for Divorce in Arizona:

A divorce in Arizona is over once the Court enters a decree of dissolution of marriage. A decree gets entered either by consent (which is a settlement) or after a final trial. After you file for divorce in Arizona AND have your spouse served with the initial documents (petition for divorce, summons, etc.), you will have to wait at least 60 days before your divorce can be finalized. This 60-day waiting period is required by Arizona statute, specifically A.R.S. 25-329. Because of that statute, the Court basically cannot hold a trial or enter a decree by consent until after 60 days have passed from the date of service.  

It is important to know about this 60-day waiting period because you might need to file and have your spouse served if you want to be divorced by a certain date. This waiting period is mostly applicable to people who are going to be able to settle their divorce because realistically a divorce will take longer than 60 days if you’re not able to settle early on.

Despite the waiting period, you and your spouse can still settle your divorce earlier than 60 days. For example, you and your spouse can file for divorce, and then complete and sign a divorce settlement (in the form of a Consent Decree) shortly thereafter. Once the divorce settlement is signed, it is technically enforceable pursuant to Rule 69 of the Arizona Rules of Family Law Procedure, even though the Court cannot adopt it and enter it as a final decree until the 60-day waiting period is over. Once the 60-day waiting period is over, you can take that settlement and submit it to the Court to be entered as a final decree, thereby finalizing your divorce.

Waiting Period before You Can File for Divorce in Arizona:

You can’t simply file for divorce in Arizona whenever you want. You, or your spouse, has to live in Arizona (or be stationed in Arizona, if military) for at least 90 days before filing. Again, this waiting period is required by Arizona statute, this time per A.R.S. 25-312. This waiting period isn’t all that long, and won’t prevent many people from filing for divorce, or at least for very long. The primary purpose of this waiting period is to prevent people from coming (e.g., fleeing) to Arizona and filing for divorce without actually residing here for very long. That being said, it’s good to know about this waiting period because you could potentially waste some time and/or money trying to file for divorce if you haven’t lived here in Arizona for the requisite 90 days.

Waiting Period before Arizona has Jurisdiction over Your Children:

It’s somewhat odd, but there is a different “waiting period” for when you can file for divorce (90 days) and for when Arizona will have jurisdiction over your children in the divorce. Without getting into an entire legal seminar, I’ll simply say that there is a set of laws called the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) that all of the states have adopted. The purpose of these laws are to have uniformity amongst the 50 states in determining which state’s court will have jurisdiction over children in a divorce. Although there are some exceptions and alternate routes, the main “waiting period” to be aware of is: 6 months. If your children have lived in Arizona for the last 6 months consecutively, then Arizona will be deemed their “home state” and Arizona will have jurisdiction to determine “custody” in the divorce.

There are a few laws to reference here, but the main one to review is A.R.S. 25-1031. If you have a child that is less than 6-months old, then Arizona will still be deemed the home state if that child has lived in Arizona since birth. Also of note, this “waiting period” requirement isn’t upset by vacations, or temporary trips outside of Arizona.

Again, this particular law and waiting period will not prevent the majority of people from filing for divorce in Arizona. Rather, it again acts as a deterrent to prevent people from uprooting children and trying to file for divorce in a different state, Arizona included. It also tries to have the state that would have more evidence located within that state be the one to have jurisdiction over the children.

One of the exceptions to this waiting period can be if the children and both parents all live in Arizona, even if less than 6 months. So, this waiting period has some practical exceptions that can counter the relatively longer 6-month requirement.

Conclusion about the Arizona Divorce Waiting Periods:

There is a 60-day waiting period from when the divorce is filed (and served) until the divorce can be finalized, even if you and your spouse agree on everything from day one.

There is a 90-day residency/domicile requirement where you have to live in Arizona before you can file for divorce in Arizona.

There is also a 6-month waiting period regarding your children. Your children basically need to live in Arizona for the last 6 consecutive months. Some exceptions can apply if your children have been in Arizona for less than 6-months.

All of these waiting periods relate to when you can file, or how long you have to wait to be done after you file. If you want some more help and guidance on how to file for divorce in Arizona, then enroll in our free online course here. If you have questions or would like to learn more about other topics, search our website or contact us if you we haven’t covered it yet.