Divorce Residency Requirements in Arizona: Who Can File and Where

By the FigureMyTax Editorial Team · How we calculate

Arizona requires 90 days of domicile, or of military presence in the state, before a dissolution petition is filed, and only one spouse has to meet it. Custody has a separate six-month home-state test.

What residence does an Arizona divorce require?

The court shall enter a decree of dissolution if it finds that one of the parties, when the action was started, was domiciled in Arizona or stationed in Arizona as a member of the armed forces, and that the domicile or military presence was maintained for 90 days before the petition was filed (A.R.S. 25-312(A)(1)). Only one spouse has to meet it, and the other spouse can live anywhere. The Arizona divorce timeline calculator adds 90 days to the date you gave and compares it with your filing date.

What does domiciled mean in Arizona?

The statute uses the word without defining it, and we did not read the court decisions that explain it, so check the facts with a licensed Arizona attorney. As a practical matter, keep proof of a settled home in Arizona: a lease or deed, a driver license, voter registration and work records. The petition itself must state the length of domicile in the state (25-314(A)(1)).

Does military service count?

Yes. A spouse stationed in Arizona as a member of the armed forces satisfies the rule if that military presence was maintained for 90 days before filing (25-312(A)(1)). A service member who is domiciled in Arizona can also rely on domicile.

Where do you file for divorce in Arizona?

We found no county venue rule in sections 25-312 or 25-314. A dissolution is a proceeding in the superior court, and the petition must be verified and state each party’s address, the date and place of the marriage, the children and the relief sought. Ask the superior court clerk or a licensed attorney which county applies to you.

Is there anything to try before filing?

Yes, if you want it: before any action is filed, either or both spouses may petition the conciliation court to try to preserve the marriage or settle the dispute, and after filing either party may ask to transfer the case there (25-381.09).

Does residence decide custody jurisdiction too?

No. Before it conducts a custody or parenting time proceeding, an Arizona court must confirm its authority under the uniform child custody jurisdiction law (25-402(A)). It can make an initial custody decision if Arizona is the child’s home state when the case starts, or was within six months before and a parent still lives there, or on the other grounds in the statute (25-1031). Home state means the state where the child lived with a parent for at least six consecutive months before the case began (25-1002). A parent who moves to Arizona with a child can therefore be divorced here before the child’s home state is Arizona; see the Arizona parenting time calculator.

How do the 90 days and the 60-day wait fit together?

They are separate clocks. The 90 days must be complete before the petition is filed. The 60 days run from service or acceptance of process (25-329). For example, a spouse who moved to Arizona on March 1 completes 90 days on May 30 and can file that day; if the other spouse is served the same day, the 60 days end on July 29.

Frequently asked questions

Official sources

• A.R.S. 25-312: dissolution of marriage; findings necessary
• A.R.S. 25-329: waiting period
• A.R.S. 25-314: pleadings; defense
• A.R.S. 25-352: domestic relations education
• A.R.S. 25-325: decree; finality
• A.R.S. 25-317: separation agreement; effect
• A.R.S. 25-381.09: conciliation court petition
• A.R.S. 25-402: jurisdiction over legal decision-making and parenting time
• A.R.S. 25-1031: initial child custody jurisdiction
• A.R.S. 25-1002: definitions, including home state

This is general information, not legal advice. It is based on the cited Arizona statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Arizona attorney.