All states have certain requirements for getting a divorce, which may include residency rules or the requirement that a couple not be living together as spouses for a certain amount of time before filing for divorce.
While laws used to require proof that one of the spouses was at fault, all states now allow "no-fault" divorce. Arizona's "no-fault" divorce laws include residency for at least 90 days prior to filing for divorce.
Arizona's Divorce Laws
The table below outlines some of the most important provisions of Arizona law as it pertains to divorce.
Termination of marriage (14-2804)
- One party must be a domiciliary of Arizona, and
- That party's presence as such has been maintained for 90 days prior to filing for divorce.
If one party objects to a claim that the marriage is "irretrievably broken," the court may order a waiting period of 60 days. During those 60 days, the parties may have to meet in an attempt to reconcile their differences.
'No-Fault' Grounds for Divorce
Defenses to a Divorce Filing
If one party denies under oath that the marriage is irretrievably broken, the court will hold a hearing to consider all relevant factors concerning whether the marriage is so broken.
During such a hearing, the court will do the following:
If either party requests this or if the court decides that this is appropriate, the court may order a conciliation conference. After that conference and at the next hearing, the court will determine if the marriage is irretrievably broken.
- Determine whether the marriage is irretrievably broken, and
- Not continue to review the matter for more than an additional 60 days.
Other Grounds for Divorce
Beyond the requirement that the marriage is irretrievably broken, the following are recognized as grounds for divorce in "covenant marriages:" adultery, a felony conviction, abandonment for a one-year period, sexual abuse, living apart for two years, living apart for one year after a legal separation, drug or alcohol abuse, or both spouses agree to the dissolution.
No-Fault Divorce Laws
No-fault divorce means that you do not have to prove any fault on the part of your spouse. All that needs to be shown is that the marriage is irretrievably broken, while the specific terminology for this varies from one state to the next.
In Arizona, that terminology, “irretrievably broken," is used. It's a legal way of saying that you and your spouse do not get along and that your marital relationship cannot be repaired. If you'd like to do more of your own research, you can find more general information on this topic at FindLaw's divorce section.
Getting Divorced in Arizona? Get Help from a Divorce Attorney
Getting a divorce can be an especially difficult process, both emotionally and legally. Consulting with an attorney could ease the strain of dealing with both your spouse and the divorce paperwork. Your spouse likely will also have their own attorney. Don't take any chances. Meet with an experienced divorce attorney in Arizona who can explain the legal requirements surrounding dissolving your marriage.