Understanding When a Divorce is Final
Finalizing a divorce in Arizona is not always as straightforward as signing a few papers. If you’re considering divorce—or already in the middle of one—it’s crucial to understand when your divorce becomes legally final. In Arizona, a divorce is only considered final once the court issues a signed divorce decree (also called a “Decree of Dissolution of Marriage”) and it is officially entered into the court record.
So, when exactly does that happen? And what delays can extend the process? Here’s what you need to know.
Key Milestone: The Divorce Decree
In Arizona, your divorce is final on the date the judge signs the divorce decree, and it’s filed with the Clerk of the Court. This document outlines the terms of your divorce, including:
- Division of property and debts
- Spousal maintenance (alimony)
- Child custody and parenting time
- Child support
Until this decree is signed and recorded, you are still legally married—no matter how long you’ve been separated or whether both parties agree.
Uncontested vs. Contested Divorce Timelines
Uncontested Divorces
If both spouses agree on all major terms, you can file for an uncontested divorce. In Arizona, there is a mandatory 60-day waiting period from the date the divorce petition is served. Once that time has passed, and if the agreement is filed correctly, the court may issue the decree shortly thereafter—often within a few weeks.
Contested Divorces
If you and your spouse cannot agree on key issues, the process takes longer. Contested divorces can require multiple hearings, discovery, mediation, and even trial. These cases may take six months to over a year to resolve before a judge issues the final decree.
Post-Decree Waiting Periods
After your divorce is final, Arizona law does not impose a waiting period to remarry. However, keep in mind that either party has 30 days to appeal the decision once the decree is entered. During that time, enforcement of certain provisions may be temporarily delayed if an appeal is filed.
Can the Final Decree Be Modified?
Yes, under specific conditions. Issues like child custody, parenting time, and child support can be modified later if there is a “substantial and continuing change in circumstances.” However, property and debt division is generally final and can’t be changed unless fraud or serious error is proven.
Why Legal Representation Matters
Even if you and your spouse agree on most terms, navigating Arizona’s divorce laws and family court system can be stressful and complex. At Rideout Law Group, our Scottsdale divorce attorneys and Lake Havasu legal team help clients through every stage of the divorce process—from initial filing to final decree and post-divorce modifications.
We understand how emotionally difficult this process can be and aim to provide compassionate, strategic legal support to protect your future.
Get Answers from an Arizona Divorce Attorney
If you’re unsure about your divorce status or how to make the process final, our legal team is here to help. We serve clients throughout Scottsdale, Lake Havasu City, Phoenix, and surrounding Arizona communities, offering clear answers and experienced representation.
📞 Call (480) 584-3328 in Scottsdale
📞 Call (928) 854-8181 in Lake Havasu
✉️ Contact us online for a confidential consultation.