Grounds for Divorce in Arizona
- Bradley Thrush
- Feb, 07, 2015
- Arizona, Phoenix, Tucson
- Comments Off on Grounds for Divorce in Arizona
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.
Fault Divorce
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.
No-fault divorce
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.
Covenant Marriage
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.
Get Your Free Consultation Today!
Recent Posts
Recent Comments
Archives
- May 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- April 2014
- March 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
Categories
Get the FREE Legal Guide
Do you know the most important steps to take to protect yourself?
In this PDF guide you will learn the answers to more than 20 Frequently asked legal questions.
Ten Things You Need to Know
- Don't do it alone!
- Arizona is a "no-fault" state.
- The first to file often "wins"!
- Most Arizona divorces settle!
- Arizona is a community-property state.
- Arizona does award alimony.
- Joint custody IS the norm!
- Change ISN'T always a good or easy thing!
- Arizona follows an Income Shares model for support.
- Never pay the custodial parent directly!