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Guide to Uncontested Divorce in Arizona

December 23, 2025

Uncontested / Simple Divorce in Arizona (Dissolution of Marriage): A Plain English Guide

If you and your spouse agree the marriage is over and you want to avoid a long, expensive court fight, an uncontested divorce in Arizona is often the most straightforward path. In Arizona Superior Court, the legal term you’ll see on court paperwork is Dissolution of Marriage, and in many uncontested cases the outcome is decided through forms and a judge’s review rather than a trial.

A case is typically “uncontested” when you both agree on the core issues (children, support, community property, and debts), and the court does not have to decide disputes for you. Many people complete a simple dissolution of marriage in Arizona without hiring a lawyer for full representation, especially when they are organized, use the correct Arizona terminology, and follow local Superior Court procedures carefully.

This guide explains in plain English how an Arizona uncontested dissolution commonly works: who qualifies, the step by step process, what Consent Decree and Rule 69 mean, typical timelines (including Arizona’s 60 day waiting period after service or acceptance), and where a DIY approach and self help kits fit in. It’s written for people looking for an affordable Arizona divorce and hoping to complete a divorce without a lawyer if their case stays truly uncontested.

Important: PlainDivorce is not a law firm. This guide is legal information only, not legal advice for your situation. Court rules, forms, and fees change over time, and county procedures can differ. Always verify current requirements with the Arizona Judicial Branch resources and your county’s Clerk of the Superior Court before filing anything.

Table of Contents

uncontested divorce in Arizona

1. What Is an Uncontested or Simple Divorce in Arizona?

Arizona is generally a no fault state for dissolution of marriage. In most cases, you do not have to prove wrongdoing. The usual legal ground is that the marriage is irretrievably broken, meaning there is no reasonable chance of reconciliation.

An uncontested dissolution of marriage in Arizona is a case where the court does not have to resolve disputes because either:

  • Consent Decree: One spouse files a Petition, you reach full agreement (including children, support, community property, and debts if applicable), and you submit a Consent Decree for the judge to sign, often without a trial.
  • Rule 69 Agreement → Consent Decree: Your settlement is put into a binding Rule 69 Agreement (Arizona Rules of Family Law Procedure) and then incorporated into the final decree paperwork. In plain terms: Rule 69 is a framework that can make agreements enforceable in Arizona family court when done properly.
  • Default: One spouse files and properly serves the other, but the other spouse does not file a Response within the deadline. If requirements are met, the court may enter a default decree.

People often say “simple divorce” when the case is organized, uncontested, and the paperwork is clean, especially when you both agree on the major topics and can present the court with a complete final packet for review.

2. Who Qualifies for an Uncontested Dissolution of Marriage in Arizona?

Before you spend hours on Arizona forms, confirm three categories: residency, legal grounds, and whether your case is actually uncontested in a practical sense.

Residency requirements (Arizona)

To file for a dissolution of marriage in Arizona, at least one spouse must have a qualifying Arizona connection before filing. In most cases, the key requirement is that one party is domiciled in Arizona (or stationed in Arizona as military) and that the domicile or military presence has been maintained for at least 90 days before filing.

You typically file in the Superior Court of the county where you or your spouse lives (for example, Maricopa County or Pima County). County procedures can differ, but the legal case type is still a Superior Court family case.

Grounds for dissolution

For most marriages, Arizona’s no fault ground is that the marriage is irretrievably broken. If you have a covenant marriage, different rules and limited grounds can apply, and those cases are often not ideal for a fully DIY approach.

What makes a case a good fit for “uncontested”

In practical terms, an Arizona uncontested case is a good candidate when:

  • You both agree the marriage is over.
  • You can agree on legal decision making and parenting time (if you have minor children).
  • You can agree on child support (and any deviation is explained and still reasonable for the children).
  • You can agree on spousal maintenance (if any).
  • You can agree on dividing community property and debts (or you have no meaningful property or debt to divide).

Your case may not be a good fit for a simple uncontested approach if there is domestic violence, coercion, hidden assets, severe conflict over parenting time or legal decision making, or complex finances (businesses, multiple properties, significant retirement accounts). In those situations, even limited scope advice from an Arizona family lawyer can be a smart safety step.

3. Step by Step Overview of the Arizona Uncontested Process

Exact packets vary by county, but the uncontested Dissolution of Marriage workflow in Arizona Superior Court usually follows the same overall structure. The biggest DIY mistake is filing only the Petition and Summons while missing the required administrative forms that protect privacy and freeze assets.

Step 1 – Confirm eligibility (and pick the right packet)

Before you complete anything, confirm:

  • The 90 day Arizona residency connection is met.
  • Your marriage is not a covenant marriage (or you understand the special covenant rules).
  • You’re prepared to allege the marriage is irretrievably broken.
  • You know your general path: Consent Decree (agreement), Rule 69 settlement leading to a decree, or Default.

Step 2 – Reach agreement on the “big four” (children, support, property, debts)

Uncontested cases move faster when you settle the big issues before filing or early in the case:

  • Children: legal decision making (sole or joint), parenting time schedule, holidays, transportation, communication.
  • Child support: guideline worksheet inputs, health insurance, uncovered medical costs, and any agreed deviation.
  • Spousal maintenance: whether it applies, amount, and duration (if applicable).
  • Community property and debts: house (refinance or sale), vehicles, bank accounts, retirement, credit cards, loans.

If your agreement will be relied on in court, Arizona filers often hear about Rule 69 because it is tied to when agreements can become enforceable in family court. Make sure whatever you submit matches the required format and signatures used in your county’s packet.

Step 3 – Prepare the Arizona Superior Court “starting packet” (do not miss these)

Arizona’s Self Service Center provides packets (with and without children), and many counties provide their own versions. A typical starting packet often includes items like:

  • Petition for Dissolution of Marriage (with or without children).
  • Summons and service related documents.
  • Sensitive Data Cover Sheet (confidential): this is where private identifiers like Social Security Numbers and full birth dates are provided so they do not appear in the public Petition. If you omit it, the clerk may not be able to open the file correctly.
  • Notice Regarding Creditors (often described as a Notice to Creditors): this warns both spouses that you may still be responsible for community debts during the case, even if you plan to allocate debts differently in the final decree.
  • Preliminary Injunction (the automatic asset and conduct freeze): in most Arizona dissolutions, a preliminary injunction issues automatically and restricts what each spouse can do while the case is pending.
  • County cover sheet or information sheet, if your county packet includes one.
  • If you have children: required child related documents included in your county’s packet (parenting plan language, child support worksheets, and any required parenting course proof in counties that require it).

Hard Stop: The Preliminary Injunction (asset freeze)
The preliminary injunction is not optional “extra paperwork.” It is an automatic court order that applies during the case. In practical terms, it generally restricts actions like:

  • Selling, hiding, or transferring community property outside the ordinary course of business or daily life.
  • Changing insurance coverage or changing beneficiaries in ways the order prohibits.
  • Removing children from Arizona without written agreement or a court order (unless a legal exception applies).

If either spouse ignores the injunction, it can create serious problems, even in a case that was otherwise uncontested.

Note: The exact form names and lists vary by county and get updated. Always use the current packet for your county’s Superior Court.

Step 4 – File with the Clerk of the Superior Court (your county)

Once your documents are complete and signed, you file them with the Clerk of the Superior Court in your county and pay the filing fee (or request a deferral or waiver if you qualify). Filing methods vary. Some counties support electronic filing in certain situations, while others rely on in person or mail filing.

Step 5 – Serve the Respondent (or use Acceptance of Service)

Unless your county’s process allows a fully joint filing approach for your exact packet, the Petitioner usually must complete service of process on the Respondent. Common methods include:

  • Process server or sheriff.
  • Acceptance of Service signed by the Respondent (a common uncontested friendly option).
  • Service by publication in limited cases if the other spouse cannot be located and the court allows it.

After service, the Respondent typically has 20 days to file a Response if served in Arizona, or 30 days if served outside Arizona. If no Response is filed, you may be able to proceed by default if your county’s requirements are met.

Step 6 – The 60 day waiting period (and finishing tasks)

Arizona generally has a mandatory waiting period before the court will proceed to finalize a dissolution. Practically, the court generally cannot move forward to finalize until at least 60 days after the date of service of process or the date of acceptance of process.

During this time, uncontested couples typically:

  • Finalize settlement terms (often as a Rule 69 Agreement or the agreement format provided in your packet).
  • Complete child related requirements if applicable (including any required parenting course in counties that require it).
  • Prepare the proposed Consent Decree and supporting final documents.
  • Organize any default paperwork if the Respondent did not respond.

The practical goal is to have a complete final packet ready shortly after the 60 day mark so you avoid delays caused by missing or inconsistent paperwork.

Step 7 – Final orders: Decree of Dissolution of Marriage (your “proof”)

After the waiting period and once your paperwork is complete, the court may:

  • Sign the Consent Decree based on the submitted documents, or
  • Schedule a brief uncontested or default hearing where the judge asks basic questions before signing the Decree of Dissolution of Marriage.

When the judge signs the decree, your marriage is legally ended as of the date stated on the decree. Many people then request certified copies from the Clerk for name change, retirement division processing, and record keeping.

4. Special Issues When You Have Children (Arizona Terminology Matters)

If you have minor children, Arizona courts focus on the best interests of the child. It is also important to use Arizona’s current legal language. Instead of older terms, you will usually see legal decision making and parenting time.

Legal decision making and parenting time

In an uncontested case, you typically submit a written parenting plan covering:

  • Legal decision making (how major decisions are made).
  • Parenting time (a detailed schedule for weekdays, weekends, holidays, school breaks, and vacations).
  • Transportation, exchanges, and communication.
  • How future disagreements will be handled (dispute resolution steps).

The judge reviews the plan to confirm it is workable and consistent with the child’s best interests.

Child support (guidelines and worksheets)

Arizona child support is typically calculated using guideline inputs such as income, parenting time schedule, health insurance costs, and other factors. Even in an uncontested case, the court usually expects the support paperwork to be complete and internally consistent.

Parent education requirements (county specific)

Some counties require a parenting education course in cases involving minor children. Deadlines and proof requirements can be county specific, so it is important to check your county’s Superior Court instructions early in the case.

5. How Long Does an Uncontested Dissolution Take in Arizona?

Every case is different, but Arizona has a few timing anchors that affect most uncontested cases:

  • Residency: the 90 day residency connection must be met before filing.
  • Response deadline: 20 days if served in Arizona, or 30 days if served outside Arizona.
  • 60 day waiting period: the court generally cannot proceed to finalize until at least 60 days after service or acceptance.

In a cooperative case with clean paperwork, many uncontested cases wrap up a few months after filing. Delays are common when service takes time, when required child related steps are not completed promptly, or when the final decree packet is incomplete and must be corrected.

6. What Does an Uncontested Arizona Divorce Cost?

Costs vary by county, but Arizona has two fees that catch uncontested couples off guard: the Petitioner’s filing fee to start the case, and the Respondent’s fee to file a Response or Appearance in many situations.

Typical court fees (plan for both spouses)

  • Petitioner filing fee: commonly around $261 to open a dissolution case (county add on fees can apply).
  • Respondent Response or Appearance fee: commonly around $172 (county add on fees can apply). This is the “appearance fee trap” many uncontested couples do not expect.

Always check the current fee schedule for your county’s Clerk of the Superior Court, because fees can be updated and county add ons can change.

Other common costs

  • Service of process: process server or sheriff fees, or publication costs in limited cases.
  • Parent education course: if required in your county, there may be a per parent course fee paid to the provider.
  • Copies, notary, postage: small but real administrative costs.
  • Optional support: mediation, document preparers, or limited scope attorney review for higher risk situations.

Even with these costs, an uncontested dissolution is usually far less expensive than a contested case with attorneys on both sides.

7. When a DIY Dissolution Might Not Be Right

DIY is not a great fit for every situation. Consider getting legal advice (even limited scope) if:

  • There is domestic violence, coercion, intimidation, or fear.
  • You suspect hidden income or assets or serious financial manipulation.
  • You cannot reach agreement on legal decision making or parenting time.
  • You have complex community property issues (businesses, multiple properties, significant retirement accounts).
  • You are unsure whether your settlement terms are fair or enforceable.

You can still aim for a Consent Decree outcome, but risky situations often justify professional guidance.

8. Where a Self Help Divorce Kit Fits (Arizona Specific Structure)

Arizona provides public packets and instructions, but many people still feel stuck on the real workflow: which packet applies, how the Sensitive Data Cover Sheet fits in, what the Preliminary Injunction means, how to keep the timeline aligned with the 60 day waiting period, and how to assemble a final Consent Decree packet that is consistent from start to finish.

A well designed Arizona uncontested dissolution self help kit can provide structure and clarity by helping you:

  • Understand the Arizona Superior Court flow (Petition → Service or Acceptance → 60 day wait → final decree).
  • Avoid common rejection issues like missing the Sensitive Data Cover Sheet or missing the Notice Regarding Creditors.
  • Stay organized with checklists and a what happens when timeline.
  • Use the same Arizona vocabulary you will see in the court packet (legal decision making, parenting time, community property, Rule 69, Consent Decree).

You are still representing yourself, and PlainDivorce cannot tell you what you should do in your specific case. But the right structure can make the paperwork side of an uncontested Arizona dissolution feel far more manageable.

Download Our Arizona Uncontested Divorce Self-Help Kit

9. Final Thoughts and Next Steps

Even an uncontested case can feel overwhelming at first, but Arizona’s process is designed to allow cooperative spouses to finish without a full trial when the paperwork and agreements are in order.

Next steps many people take include:

  • Confirm the 90 day residency connection.
  • Identify your county’s Superior Court packet and filing rules.
  • Talk through a complete agreement (children, support, community property, debts).
  • Do not miss the Sensitive Data Cover Sheet, Notice Regarding Creditors, or the Preliminary Injunction requirements.
  • Plan for both spouses’ fees, including the Respondent’s possible response or appearance fee.
  • Consider limited legal advice if safety, children, or major assets are involved.

Reminder: this guide is legal information only, not legal advice, and PlainDivorce is not a law firm. Always verify current forms, fees, and county procedures with the Arizona courts and your county’s Clerk of the Superior Court, especially because requirements can change.

With realistic expectations, Arizona specific terminology, and organized paperwork, many couples complete an uncontested dissolution of marriage in Arizona with far less cost and conflict than a fully contested case.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.