Arizona Divorce Checklist
Divorcing in Arizona as a same-sex couple involves the same legal process — called a Dissolution of Marriage — as any other couple, but it comes with unique layers that deserve careful attention. Whether your marriage predates Arizona's recognition of same-sex unions (October 17, 2014) or the U.S. Supreme Court's Obergefell v. Hodges decision (June 26, 2015), questions around community property start dates, pre-marriage relationship assets, and parentage rights for non-biological parents can significantly affect your outcome. Arizona requires at least one spouse to have lived in the state for 90 days before filing, and a mandatory 60-day waiting period applies after the petition is served. Use this checklist to navigate the process with confidence — and know that finding an LGBTQ+-affirming attorney can make a meaningful difference in protecting your rights.
Confirm Arizona residency requirement*
Locate your marriage certificate*
Gather proof of Arizona residency*
Collect all prior domestic partnership or civil union records
Determine your grounds for dissolution*
Identify your legal marriage date vs. your relationship start date*
Document assets and debts acquired before your legal marriage date*
Address pre-Obergefell relationship assets with legal counsel
List all community property assets and debts*
Identify separate property and document its source*
Establish legal parentage for the non-biological or non-adoptive parent
Verify whether a second-parent or stepparent adoption was completed
Develop a Parenting Plan
Gather child-related documents
Understand relocation rules if one parent plans to move
Address child support calculations
Complete the Affidavit of Financial Information (AFI)*
Assess eligibility for spousal maintenance
Gather income and tax documents*
Obtain valuations for real estate and business interests
Review and plan for retirement account division
Prepare and file the Petition for Dissolution of Marriage*
Serve your spouse with the dissolution paperwork*
File a Preliminary Injunction (automatic upon filing)*
Respond to or negotiate interim orders if needed
Observe the mandatory 60-day waiting period*
Draft a Consent Decree or Separation Agreement*
Address name change (if desired)
Update or revoke estate planning documents*
Review and update insurance coverage*
Find LGBTQ+-affirming legal and financial professionals
Transfer real property titles and deeds
Execute QDROs and retirement account transfers
Update beneficiary designations on all accounts*
Enforce or modify the parenting plan as needed
File updated tax returns reflecting your new status*
Clarity Divorce guides you through the paperwork with official Arizona court forms, step-by-step instructions, and county-specific filing details. $299 flat fee.