How long does is take to get Divorced in Arizona
In Arizona, the absolute fastest you can get divorced is 60 days, as state law mandates a “cooling-off” period. This waiting period begins the day after your spouse is legally served or signs an “Acceptance of Service.”
1. Summary Consent Decree (Fastest Option)
Introduced in 2022, the Summary Consent Decree is the most streamlined method. It allows couples who agree on all terms before filing to submit their paperwork together.
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Key Advantage: The 60-day clock starts on the date of filing rather than the date of service, potentially shaving weeks off the process.
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No Service Required: Since both parties sign the initial “Summary Consent Petition and Response,” there is no need for formal service of process.
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Minimal Fees: Parties typically split a single combined filing fee, which is lower than filing separately.
2. Uncontested Divorce (Consent Decree)
If you cannot file a joint petition from day one but still agree on everything, an uncontested divorce is the next best route.
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Process: You file a petition, your spouse signs an “Acceptance of Service,” and you both submit a Consent Decree outlining your agreements.
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Timing: Once the 60-day waiting period expires, a judge can sign the decree. Most uncontested divorces are finalized in 90 to 120 days due to court processing times.
3. Divorce by Default
If your spouse refuses to participate or sign papers, you can proceed by default.
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If your spouse does not respond within 20 days (30 days if out of state) after being served, you can file an “Application and Affidavit for Default.”
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The spouse then has another 10 days to respond. If they still don’t, the court can grant the divorce based on your terms once the 60-day waiting period is up.
Key Requirements for a Quick Divorce
To qualify for these faster methods in Arizona, you must meet these criteria:
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Residency: At least one spouse must have lived in Arizona for at least 90 days before filing.
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Irretrievable Breakdown: You must state that the marriage is “irretrievably broken” with no reasonable prospect of reconciliation.
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Non-Covenant Marriage: These streamlined processes are for standard marriages. Covenant marriages have stricter requirements and longer timelines.
Note: While the law allows for a 60-day minimum, the actual date of finalization depends on the court’s schedule. In busy counties like Maricopa, it may take an additional 2-3 weeks for a judge to review and sign your final decree.
In Arizona, once the mandatory 60-day cooling-off period has ended and you have submitted your final paperwork, the time it takes for a judge to sign your Divorce Decree typically ranges from one week to 60 days.
While state law ($ARS 25-329$) only prohibits the judge from signing before the 60th day, the actual timing depends on the county’s caseload and the method you used to file.
Divorce Timeline by Filing Method
The speed of the final signature often depends on how you finalized the case:
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Summary Consent Decree: This is often the most efficient path. In Maricopa County, the court aims to rule on these stipulated orders within 21 days of the date they are “lodged” (submitted) to the court.
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Consent Decree (Uncontested): If you and your spouse agree on all terms and submit a Consent Decree after the 60 days, it usually takes 2 to 4 weeks for a judge to review and sign it.
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Default Decree: If your spouse did not respond and you are proceeding by default, you must wait an additional 10 business days after filing your Application for Default before you can schedule a hearing or submit your decree. Once submitted, the signature timeline is similar to a consent decree.
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Trial (Contested): If your case went to trial, the judge is generally required to issue a final ruling and sign the decree within 60 days after the trial or the final submission of evidence.
Shave off even more time by getting started today! Call our office to schedule your in person meeting, or an appointment by phone or zoom. Navigate to our Start Online page if you can’t wait until normal business hours. We are here to get your divorce done efficiently and as quick as possible. Call 520-327-4000 or 480-745-2552.