What is the Waiting Period to Get a Divorce or Separation in Arizona?

Full question:

What is the waiting period before an uncontested without children divorce can be finalized? Is there a waiting period for a Legal Separation?

  • Category: Divorce
  • Date:
  • State: Arizona

Answer:

There is a sixty day (60) day waiting period from the date the Respondent was served or accepted service of process before the court will grant a dissolution of marriage decree. A separation agreement is incorporated in a divorce decree to be legally enforceable through the court's contempt powers, so the same 60 day waiting period for a divorce would apply. If not incorporated in a divorce decree, a separation agreement is merely a private contract between the parties.

Please see the following AZ statute:

25-329. Waiting period

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.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Arizona, an uncontested divorce can be finalized after a minimum waiting period of sixty days. This period begins once the Respondent is served with divorce papers or accepts service. If both parties agree on all terms, the process can be completed quickly after this waiting period.