Arizona Dissolution When Your Spouse Won't Cooperate (2026)

Arizona dissolution does not require your spouse's consent or cooperation. If your spouse refuses to participate, you can proceed to a default Decree.

Dissolution Without Consent

Your spouse cannot permanently block a dissolution by:

  • Refusing to sign the Petition or Consent Decree
  • Filing a Response objecting on the grounds they don't want a divorce
  • Not responding at all

The court can grant dissolution over a Respondent's objection if the marriage is irretrievably broken. One spouse's testimony is sufficient.

Service on a Non-Cooperative Spouse

In-State Respondent

  • Process server (most reliable): $50–$100
  • Sheriff's deputy: $30–$60
  • Personal service on the Respondent; Acceptance of Service requires willing cooperation

Out-of-State Respondent

  • Process server in that state
  • Response deadline extended to 30 days (vs. 20 days in-state)

Respondent Cannot Be Located

  1. Document your search efforts (last known address, family/friends, online searches)
  2. File a Motion for Alternative Service
  3. Court authorizes service by publication — publish once a week for four consecutive weeks in a newspaper of general circulation in the county where Respondent last lived
  4. Cost: $150–$400 depending on newspaper

Default Process

After the response deadline passes with no Response filed:

  1. File Affidavit of Default
  2. Wait 10 days after filing the Affidavit of Default
  3. Apply for Entry of Default
  4. Submit proposed Decree of Dissolution and all supporting documents
  5. Judge reviews the proposed Decree for fairness
  6. Judge signs Decree (with or without a hearing — at judge's discretion)

Proposed Decree in Default

In a default case, you submit your own proposed Decree. Include a complete, reasonable community property division. Courts review default decrees for basic fairness.

  • Include all known community assets and debts
  • Propose a fair division (50/50 starting point)
  • Document your separate property claims
  • Request reasonable spousal maintenance if applicable

Service Tips

  • Try Acceptance of Service first — even non-cooperative spouses sometimes sign when they understand the process
  • Keep records of all contact attempts
  • Process server can often complete service within 1–3 business days

Last reviewed: March 2026 | ARS §25-312 (grounds for dissolution) | Default procedure: Arizona Rules of Family Law Procedure

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.