Ashley Donovan Law, PLLC

Tempe Family Law Attorney
  
Virtual Meetings Available: To better serve you during the current COVID-19 situation, we are offering remote consultations and virtual meetings. Please contact our office to discuss what meeting options best fits your situation. Call us at 480-900-5334

Is there a waiting period to get divorced in Arizona?

On Behalf of | Aug 24, 2021 | Blog, Divorce

Some states require couples seeking a divorce to separate for a mandatory period of time before they can file for divorce. Arizona is not one of them.

While the state does not require a period of separation, other requirements may affect how long it takes to finalize your divorce.

Residency requirement

The filing requirements in Arizona require either you or your spouse to have lived in the state for a minimum of 90 days. You may need to provide proof, such as an Arizona driver’s license or voter registration, that at least one of you established a primary residence in the state. If neither of you meets the 90-day requirement, you may file a legal separation instead and then file for divorce once you meet the residency requirement.

 Waiting period

When you file for divorce, the court waits at least 60 days from the date you serve your spouse to finalize the divorce. This waiting period exists to encourage an attempt to reconcile the marriage through counseling or to reconsider your decision and applies even if the divorce is not contested. Once the 60 days are over, if you and your spouse still agree on the terms of the divorce, you can file a Consent Decree.

While 60 days is the minimum, most divorces take between 90 and 120 days to finalize. Divorces with multiple contested issues may take months to resolve. If you wish to speed up the process, working to resolve your differences outside of the court may help.