{"id":371562,"date":"2016-03-31T21:34:22","date_gmt":"2016-04-01T02:34:22","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arizona-law\/arizona-legal-requirements-for-divorce.html"},"modified":"2024-03-05T14:39:31","modified_gmt":"2024-03-05T19:39:31","slug":"arizona-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arizona-law\/arizona-legal-requirements-for-divorce.html","title":{"rendered":"Arizona Divorce Laws"},"content":{"rendered":"\n
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Arizona Divorce Laws <\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Getting a divorce can be a harrowing experience. Whether or not you retain a divorce lawyer to handle your case, you should understand the Arizona divorce laws. This may help move the divorce process along more quickly.<\/p>\r\n

Arizona\u2019s residency requirement and rules about alimony and child custody are complex and can be confusing. This is why so many people seek legal advice before filing divorce papers.<\/p>\r\n

Here, we\u2019ll discuss the divorce laws in Arizona. We\u2019ll also explain how the divorce process in Arizona works.<\/p>\r\n

Legal Requirements for Divorce in Arizona<\/b><\/h2>\r\n

Arizona Revised Code Section 25<\/a> governs the divorce process. Depending on where you are in the divorce proceedings, you will refer to various subsections of this statute.<\/p>\r\n

For example, Code Section 25-311 to Section 25-381.24 specifically governs Dissolution of Marriage. Section 25-901 to Section 25-906 defines the rules for a Covenant Marriage<\/a>, including grounds for divorce in a covenant marriage.<\/p>\r\n

You don\u2019t need to know the exact code sections to proceed with your divorce petition. However, one of the benefits of hiring an Arizona divorce attorney is that they are familiar with the court rules.<\/p>\r\n

They\u2019ve likely handled dozens or hundreds of divorce cases during their career. They\u2019ll work hard to negotiate a fair marital settlement agreement<\/a>. They\u2019ll also fight to get you custody and child support.<\/p>\r\n

Below, we\u2019ll discuss some of Arizona’s technical and legal requirements for divorce.<\/p>\r\n

Arizona Is a Community Property State<\/b><\/h3>\r\n

There are only nine community property states<\/a>. Arizona is one of them. In community property states, both spouses receive half of the marital property<\/a>. They also share responsibility for marital debt.<\/p>\r\n

Each spouse will retain whatever property they brought into the marriage. For example, if you owned a beach house before marriage, your spouse won\u2019t receive any part of that home. That doesn\u2019t mean your divorce lawyer won\u2019t use it as a bargaining chip, but the courts won’t order you to sell the house and split the proceeds.<\/p>\r\n

Residency Requirements<\/b><\/h3>\r\n

To file a petition of dissolution of marriage, either you or your spouse must have lived in Arizona for at least 90 days. This is per Arizona\u2019s residency requirement<\/a>. There is also a potential waiting period <\/a>of 60 days.<\/p>\r\n

The family court only mandates this cooling-off period if the respondent (non-filing spouse) contests the divorce by arguing that the marriage isn\u2019t irretrievably broken.<\/p>\r\n

No-Fault Grounds for Divorce<\/b><\/h3>\r\n

If you file a no-fault divorce, you don\u2019t have to cite specific grounds for divorce. The courts only require that you do this when you file for a dissolution of a covenant marriage. Even covenant marriages are subject to dissolution without grounds<\/a> if both parties consent to the divorce.<\/p>\r\n

With a no-fault or uncontested divorce, you must state that your marriage is broken and you can’t reconcile the marriage with your spouse. Your family law attorney will draft a certification confirming this fact. You’ll sign this certification and submit it to the court with your divorce petition.<\/p>\r\n

Defenses to a Divorce Filing<\/b><\/h3>\r\n

Rarely does the non-filing spouse challenge the divorce. This may happen more frequently with covenant marriages. Most couples discuss the possibility of divorce before filing a petition.<\/p>\r\n

If your spouse does deny that your marriage is irretrievably broken, the court will hold a hearing to determine whether the marriage is so broken.<\/p>\r\n

During this hearing, the judge will do one of two things. They may find that the marriage is irretrievably broken, or they may put the divorce on hold for 60 days or longer. The petitioner and respondent may have to attend a conciliation conference during this time.<\/p>\r\n

After the conference, the judge will schedule another hearing to determine if the marriage is irretrievably broken. If they rule that it is, the divorce proceedings will continue. If not, the court may dismiss your divorce case.<\/p>\r\n

Other Grounds for Divorce<\/b><\/h3>\r\n

If you\u2019re in a covenant marriage<\/a>, Arizona law requires you to cite specific grounds for divorce in your complaint.<\/p>\r\n

The grounds for divorce in Arizona include:<\/p>\r\n