Uncontested vs. Contested Divorce in Arizona: Simplified Procedures and Mandatory Steps
Arizona uncontested and contested divorces share the 60-day wait after service, the irretrievable breakdown finding and the parent education order. An agreement binds the court on property and maintenance unless it is unfair.
What is the same in an uncontested and a contested Arizona divorce?
Most of the framework. The Arizona divorce timeline calculator gives the same earliest dates for both. The court cannot hold a hearing or trial before 60 days after service or acceptance of process, in any case (A.R.S. 25-329). It must find that the marriage is irretrievably broken, and the only defense to a petition is that it is not (25-312(A)(3); 25-314(C)).
| Item | Agreed (uncontested) | Disputed (contested) |
|---|---|---|
| Agreement | A written separation agreement on property, maintenance, support and parenting time | None: the court decides what the spouses do not settle |
| Court review | Property and maintenance terms bind the court unless it finds them unfair; child terms must be reasonable | The court divides property equitably and decides children’s issues |
| Waiting period | 60 days after service or acceptance | 60 days after service or acceptance |
| Ground | Marriage irretrievably broken, stated under oath by both | Marriage irretrievably broken; one spouse may deny it |
| Parent education | Ordered if there is a minor child, unless an exception applies | Ordered if there is a minor child, unless an exception applies |
What does an Arizona separation agreement do?
The spouses may sign a written separation agreement covering property, maintenance, and support, legal decision-making and parenting time of the children. The court is bound by its terms on property and maintenance unless it finds them unfair after considering the economic circumstances of the parties and any other relevant evidence, and it must find the child terms reasonable before incorporating them in the decree (25-317). A maintenance term can be made non-modifiable.
What if one spouse says the marriage is not broken?
If both state under oath that it is irretrievably broken, or one says so and the other does not deny it, the court makes a finding. If a spouse denies it under oath, the court holds a hearing on the prospect of reconciliation and either makes a finding or continues the matter for not more than 60 days, and it may order a conciliation conference (25-312(B)-(C)).
What does an Arizona divorce require for the children?
Parents who cannot agree on a plan for legal decision-making or parenting time must each submit a proposed parenting plan, and the court determines any element they cannot agree on (25-403.02). See the Arizona parenting time calculator and the Arizona child support calculator.
Is a parenting class required?
In a dissolution, legal separation or annulment with a minor child in common, the court shall order the parties to complete an educational program on the impact of divorce on adults and children, unless it finds participation is not in the best interests of the parties or child, a party is enrolled in a comparable program, or a party already completed one (25-352). A party who fails to complete it can be denied relief, held in contempt or otherwise sanctioned unless excused (25-353).
What temporary orders are possible?
A party may move for temporary orders on legal decision-making and parenting time, which the court may decide after a hearing or, without objection, on the pleadings (25-404). Attorney fees can be ordered after considering each party’s financial resources and the reasonableness of their positions (25-324).
What must the spouses disclose about debts?
In every dissolution the court requires a notice that a decree dividing debts does not bind creditors, and on a party’s request it requires a debt distribution plan showing how community creditors will be paid (25-318(H), (J)).
When is the decree final?
A decree of dissolution is final when entered, subject to appeal, and either party may remarry pending appeal (25-325(A)).
Frequently asked questions
Does an uncontested divorce skip the Arizona waiting period?
No. The 60-day wait after service or acceptance applies to every dissolution.
Is a separation agreement binding on an Arizona court?
On property and maintenance, unless the court finds it unfair; the child terms must be reasonable.
Is a parenting class required in an Arizona divorce?
With a minor child in common, the court orders an education program unless an exception applies.
What if my spouse denies the marriage is broken in Arizona?
The court holds a hearing and may continue the matter up to 60 days before making a finding.
When is an Arizona divorce decree final?
When entered, subject to appeal.
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. 25-403.02: parenting plans
- A.R.S. 25-353: failure to comply
- A.R.S. 25-404: temporary orders
- A.R.S. 25-324: attorney fees
A local family law attorney can review your situation — many offer a free consultation.
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.