Grounds for Divorce in Arizona
Arizona recognizes both no-fault and fault-based grounds for divorce, giving couples options depending on their circumstances. The state refers to divorce as "dissolution of marriage."
No-Fault Grounds for Divorce
Irretrievable Breakdown: The only no-fault ground in Arizona. It means the marriage is irretrievably broken with no reasonable prospect of reconciliation. Only one spouse needs to state that the marriage is irretrievably broken to proceed with the divorce.
Covenant Marriage
Arizona allows couples to opt for a covenant marriage, which has stricter requirements than a standard marriage. If a couple entered into a covenant marriage, fault-based grounds include:
Adultery: One spouse commits voluntary sexual intercourse with someone other than their spouse.
Felony Conviction: One spouse is convicted of a felony and sentenced to death or imprisonment.
Abandonment: One spouse abandons the other for at least one year.
Domestic Violence: One spouse physically or sexually abuses the other spouse, a child, or a relative of either spouse living in the marital home.
Substance Abuse: Habitual drug or alcohol abuse.
Living Separately: The spouses have lived separately and apart continuously without reconciliation for at least two years.
Key Points
Irretrievable Breakdown as a Common Ground: Most divorces in Arizona are filed under this ground because it does not require proving fault, simplifying the process.
Impact of Fault in Covenant Marriages: In covenant marriages, citing fault-based grounds can affect spousal support and child custody arrangements.
Residency Requirements: To file for divorce in Arizona, one spouse must have lived in the state for at least 90 days before filing.
Conclusion
Understanding the grounds for divorce in Arizona is crucial for anyone considering ending their marriage in the state. Whether opting for a no-fault divorce based on irretrievable breakdown or citing fault-based grounds in a covenant marriage, it's important to understand how the choice of grounds might affect the divorce process. Consulting with a legal professional can provide guidance tailored to an individual's specific situation.