Arizona and Grounds for Divorce
Every state sets its own divorce laws, so it’s crucial to speak with an experienced family attorney in your area to discuss grounds for divorce in your state. In Arizona, you can file for divorce so long as one spouse has lived in Arizona for a minimum of 90 days.
Arizona is also a no-fault state, meaning neither spouse is required to provide a reason for the divorce, as long as one party asserts the marriage is irretrievably broken.
In a fault divorce, at least one spouse must request the divorce be granted on certain acceptable grounds.
Traditionally, grounds for fault divorce include adultery, cruelty, and desertion for a certain length of time and confinement in prison for a certain period of time.
Some people would prefer to file a fault divorce to avoid waiting a required separation period or to receive a greater share of matrimonial property.
However, only certain states allow for fault divorces.
Arizona is purely a no-fault divorce state, so a party can’t claim a spouse’s wrongdoing ended the marriage.
To obtain a no-fault divorce, one spouse needs to state an acceptable reason the state recognizes for divorce.
In most states, the couple can simply state incompatibility or irreconcilable differences as the grounds for their divorce.
Even though Arizona doesn’t recognize fault divorce, the court may consider a spouse’s wrongdoing in dividing property or awarding alimony.
Arizona is one of three states that allow couples to decide, prior to marriage, which laws should apply to their marriage in the event of divorce.
If an Arizona couple chooses a covenant marriage, they agree to attend pre-marital counseling and limit the grounds for divorce.
In a covenant marriage, divorce may be granted on the grounds of a spouse’s adultery, abandonment, physical or sexual abuse, drug or alcohol abuse, or continuously living apart for two years.
Thrush Law Group has handled thousands of family law, divorce, and custody cases in Arizona. Our Tucson family law attorneys treat every case with the caring, personal attention it deserves.