The waiting period for divorce in Arizona is the time you must wait after filing before your divorce can be finalized. In Arizona, the law sets this period at 60 days from the day after your spouse is served with divorce papers.
Chandler, a growing city in Maricopa County known for its family-friendly neighborhoods and vibrant community, follows the same divorce laws as the rest of Arizona.
If you live in Chandler, speaking with a divorce lawyer in Chandler can help you understand how this waiting period applies to your specific case.
Arizona’s 60-Day Waiting Period for Divorce
Arizona’s 60-day waiting period is the foundational part of the total timeline for securing a divorce. It refers to the minimum amount of time expected for any marriage dissolution. This period gives couples time to think about and reconsider their decision. It goes beyond that in most cases. The waiting period usually starts the day after your spouse is officially served with divorce papers. This is sometimes called the “cooling-off period.”
The waiting period also gives both spouses time to prepare for the legal process. Even if both spouses agree on all terms, the court cannot finalize the divorce before this time is over. During the entire waiting period, from finalization to finalization, you can:
- Negotiate property division.
- Decide on child custody and support.
- Attend required parenting classes (if you have children).
- Prepare and submit legal documents.
What Factors Affect the Divorce Timeline?
The waiting period is the minimum time, but several factors can make your divorce take longer.
Complex asset division
If you and your spouse own multiple properties, investments, or business interests, dividing them fairly can extend the process.
Child custody disputes
Custody disagreements often require evaluations, mediation, and hearings. According to the National Council of Juvenile and Family Court Judges, this is one of the most difficult decisions judges make. It’s no wonder these cases can take several months to resolve, especially if parents cannot agree.
Spousal support negotiations
Determining whether spousal maintenance (alimony) is needed and how much should be paid can cause delays, particularly if financial situations are complicated.
High-conflict divorces
When emotions run high, disagreements can stall progress. Multiple court hearings or mediation sessions may be needed to resolve disputes.
Can the Waiting Period Be Shortened?
No. Arizona law does not allow judges to shorten the 60-day waiting period. Even if you agree on every issue and file all paperwork promptly, you must still wait the full period. The earliest possible finalization date is immediately after the 60-day period ends, provided that all required forms are submitted, agreements are signed, and court approval is granted.
Final Thoughts
Being aware of how the waiting period works and the issues that might extend your case can help you prepare and avoid unnecessary delays. While this is the shortest possible timeframe, it can sometimes be extended. To sum up, here are the most important points to remember:
- The waiting period begins the day after your spouse is served with divorce papers.
- It cannot be shortened, even if both parties agree on all terms.
- Complex issues like assets, custody, and support can add months to the process
- Using the waiting period wisely can make the process smoother.
