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Arizona is a no-fault divorce state, which means that either spouse can seek a divorce at any time simply by stating that the marriage is irretrievably broken, without casting blame or pointing fingers. This means that you’re not required to show that your spouse was at fault when you seek a divorce. No-fault divorces eliminate the acrimony involved when one spouse has to publicly blame the other for the end of the marriage. It is possible to contest a no-fault divorce however, and the court will hear testimony and determine if in fact the marriage is beyond repair if it is contested.
Although Arizona is a no-fault state, it is also a covenant marriage state. If you and your spouse have entered into a covenant marriage, you are required to provide grounds for the divorce. The covenant marriage laws are designed to make a marriage more difficult to end. To obtain a divorce from a covenant marriage, one of the following grounds is required:
- Your spouse has committed adultery.
- Your spouse has committed a felony with a sentence of imprisonment or death.
- Your spouse has abandoned you and the marital residence for at least a year and refuses to return.
- Your spouse committed domestic violence; or sexually or physically abused you, a child or a relative of yours or your spouse’s who is permanently living in the marital home.
- You and your spouse have lived separately for one year from a decree of separation and have not reconciled.
- Your spouse regularly abuses drugs or alcohol.
- You and your spouse agree to get a divorce.
If you are thinking about getting a divorce or your spouse is asking for a divorce, make an appointment with the seasoned attorneys at the Sampair Group in the Mesa or Glendale areas of Arizona. We are ready to offer thoughtful and targeted advice for your divorce.
