How Long Does a Divorce Take in Arizona? The 60-Day Waiting Period
Arizona family law · Last reviewed November 2, 2026
Arizona's waiting period is short and comes after you start the case. You don't have to live apart first; one of you needs only 90 days of Arizona domicile before filing. Once the case is filed, the clock that matters is in § 25-329:
The court shall not consider a submission of a motion supported by affidavit or hold a trial or hearing on an application for a decree of dissolution of marriage or legal separation until sixty days after the date of service of process or the date of acceptance of process.
Sixty days is the minimum. Settling quickly, filing complete papers and your court's calendar decide the rest.
Arizona divorce date calculator
A.R.S. §§ 25-329 and 25-314.01 · Ariz. R. Fam. Law P. 4, 24.1, 40(i), 44, 44.1, 45 and 45.1 · the earliest dates the law allows, not a prediction of when the judge will sign
When the 60 days start
- Served by a process server or sheriff: the day your spouse was served.
- Your spouse accepted service: the statute says the date of acceptance. Rule 45(a)(1) describes the consent-decree wait as starting on the date of service or the date the acceptance of service is filed with the clerk, whichever is earlier. If your spouse signs an acceptance, file it promptly.
- Summary consent decree: there's no service. The decree can't be entered earlier than 60 days after the filing date (§ 25-314.01(D)).
The timeline step by step
| Step | Timing | Source |
|---|---|---|
| Residency | 90 days of Arizona domicile (or military presence) before filing | § 25-312(A)(1) |
| Serve your spouse | Within 120 days after filing, or the case can be dismissed | Rule 40(i) |
| Response | 20 days after service in Arizona; 30 days if served outside Arizona | Rule 24.1 |
| Response after acceptance | 20 days (signed in Arizona) or 30 days (signed elsewhere), from the day the acceptance is filed | Rule 24.1(d) |
| Default takes effect | 10 days after the application for default is filed, unless your spouse responds | Rule 44(a) |
| Initial disclosure | 40 days after the first response to the petition | Rule 49 |
| Earliest decree | 60 days after service or acceptance (60 days after filing for summary consent) | § 25-329; § 25-314.01 |
| Court must act on a consent or default decree | 21 days after it is lodged or moved for, if 60 days have passed; otherwise by day 81 after service | Rules 44.1(b)(4), 45(a)(3) |
| Court must act on a summary consent decree | By day 81 after filing | Rule 45.1(d)(3) |
| Final | When the decree is entered | § 25-325(A) |
A contested case takes longer. After the response come disclosure, any settlement efforts the court orders, and trial.
How the days are counted
Rule 4(a) applies to time periods in the rules and in statutes: leave out the day of the event that starts the period, count the last day, and if the last day is a Saturday, Sunday or legal holiday, the period runs to the next day that isn't. For periods of less than 11 days, such as the 10-day default period, intermediate weekends and legal holidays are left out of the count too. The calculator does all of this except holidays, which also extend deadlines; check your court's calendar.
Remarriage
Arizona has no remarriage wait. A decree is final when entered, and an appeal that doesn't challenge the finding that the marriage is irretrievably broken doesn't delay that part; either of you may remarry pending the appeal (§ 25-325(A)).
Frequently asked questions
Is there a waiting period for divorce in Arizona?
Yes: 60 days. The court can't grant the decree, hold the hearing or trial, or consider a default motion until 60 days after your spouse is served or accepts service. In a summary consent case the 60 days run from filing.
Does the 60 days start when I file?
Not usually. It starts when your spouse is served or accepts service. Only the summary consent decree counts from filing, because that route has no service.
Can a judge waive the 60-day waiting period?
The statute has no exception. While you wait, either of you can ask for temporary orders on support, the children and the use of property (§ 25-316, § 25-404).
When is my divorce final in Arizona?
When the judge signs and the clerk enters the decree. There's no further waiting period.
How long does a contested divorce take in Arizona?
There's no statutory answer. It depends on disclosure, any evaluations of the children, settlement efforts and your court's trial calendar; many contested cases take months or more.
What happens if my spouse won't respond?
After 20 days (30 if served outside Arizona) you can apply for default. It takes effect 10 days later unless your spouse responds, and the court can then enter the decree, but not before day 60 after service.