Can’t afford to divorce? Arizona’s lower-cost paths — and a new one for unmarried parents in 2027
Surveys this year found cost is keeping a meaningful share of couples together. Arizona has fee deferrals, a cheaper agreed-divorce track, and free help in Maricopa County. Here’s how they work.
- Published
- Topic
- Divorce
- Reading time
- 3 minutes
- Status
- General information — not legal advice
Divorce is expensive — and in 2026, surveys have suggested that cost is a real reason some couples stay married. One survey of more than 3,000 married Americans found roughly one in five said finances were keeping them together.
If that’s you, it’s worth knowing that Arizona has several built-in ways to lower the cost of ending a marriage — and, starting in 2027, of settling custody for parents who were never married.
1. Defer or waive court fees
Under A.R.S. § 12-302, courts must defer filing fees for people who receive TANF, SNAP or SSI, or who can’t afford basic needs. Income at or below 150% of the federal poverty level counts as evidence of inability to pay. If you’re permanently unable to pay, fees can be waived.
2. The summary consent decree
If you and your spouse agree on everything — property, debt, support and, if you have children, a parenting plan — Arizona offers a streamlined path under A.R.S. § 25-314.01:
- You file together, and the fee is half the combined petition-plus-response fees.
- The decree can’t be entered sooner than 60 days after filing.
3. Know the timelines
| Rule | What it means |
|---|---|
| 90-day residency (§ 25-312) | One spouse must have lived in, or been stationed in, Arizona for 90 days before filing |
| 60-day waiting period (§ 25-329) | No hearing or trial on a divorce until 60 days after service |
4. New in 2027: a consent path for unmarried parents
Beginning January 1, 2027, new Family Law Rule 45.2 creates a summary consent process for parents who weren’t married to each other. When they agree, they can resolve paternity or maternity, legal decision-making, parenting time and child support together — and the court must act on the filing, or set a hearing, within 21 days.
5. Free help in Maricopa County
The Superior Court in Maricopa County offers:
- The Law Library Resource Center and ezCourtForms for preparing paperwork.
- Early Resolution Conferences to help parties settle without a full trial.
- The Family Lawyers Assistance Project for limited legal help.
- Periodic free forms clinics — one ran in August 2026.
A lower-cost process is only cheaper if the agreement holds up. A one-time consultation to review a settlement can prevent far more expensive problems later.
Where an attorney fits
Not every case needs full representation. Many Arizona family-law attorneys offer limited-scope help — reviewing an agreement, preparing one document, or coaching you before a conference. Ask about it on the first call.
Sources
- A.R.S. § 12-302 — deferral and waiver of fees: azleg.gov
- A.R.S. § 25-314.01 — summary consent decree: azleg.gov
- A.R.S. § 25-312 — dissolution requirements: azleg.gov
- A.R.S. § 25-329 — waiting period: azleg.gov
- Arizona Supreme Court Order R-26-0008 (Rule 45.2, effective Jan. 1, 2027): azcourts.gov
- Maricopa County Superior Court, Family Department resources: superiorcourt.maricopa.gov
- TheStreet, survey coverage on divorce costs (2026): thestreet.com
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