Is Arizona A No Fault Divorce State?

Not long ago, the majority of states required the spouse who wanted a divorce to prove that his or her spouse had done something to justify the need for a divorce. Today, Arizona is a state that maintains no-fault divorce laws. Let’s take a deeper dive into this divorce type and what couples are eligible for in an Arizona divorce process.

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What To Know About A No-Fault Divorce

Neither spouse needs to prove the other is at fault to ultimately justify the need for divorce during this specific process. Instead, one spouse must simply assert that they believe the current marriage is irretrievably broken. With this divorce process, neither spouse needs to prove adultery, impotence, or any other common ground for divorce.

However, there is one exception to this rule, as couples who enter into a covenant marriage or convert their marriage to a covenant marriage are not eligible for a no-fault divorce. In this marriage type, the couple agrees to undergo premarital counseling. The couple must also agree a divorce will only be granted if specific grounds are satisfied.

Here are the possible grounds for dissolution of a covenant marriage in Arizona:

Adultery.
Abandonment.
Committing a felony.
Physical and/or sexual abuse.
Drug and/or alcohol abuse.
Both parties agree to dissolution of the covenant marriage.
Both parties live separately for at least two years before the petitioner files for the dissolution request.

How Does A Divorce Process Work In Arizona?

A divorce process begins in Arizona as soon as one spouse files a petition for dissolution of marriage. Once this occurs, all related documents are filed to the court and served to the other spouse. That spouse now has 20 days to file a response with said court. If the spouse does not respond to the petition within the legal time frame, the other spouse can file for a default divorce.

Before the divorce is ultimately finalized, mediation may be required to help the spouses agree to the outlined divorce terms. This includes such things as alimony, child custody, child support, and division of property.

Mediation is in place to provide a fair opportunity for both parties to work together in a neutral environment. The mediator will help to facilitate the necessary conversations, striving toward an agreement that works for both parties.

A trial will be needed in the event the spouses cannot agree to terms. During a trial, both parties can present evidence to support their cases. The judge will make a decision, issue an order, and finalize the divorce.

How Does Adultery Impact A Divorce Outcome?

Spouses often wonder whether adulterous behavior can have a big impact on a divorce outcome. Because Arizona is a no-fault divorce state, adultery will impact the couple’s ability to obtain a divorce. A covenant marriage is the only exception to this rule.

Adultery can undoubtedly impact a few specific issues in the divorce, including:

The child custody arrangement could be altered if the affair is indicative of parental unfitness. The other spouse may argue the adulterous spouse is unfit for child custody.
Adultery itself will not have an impact on property division, but economic misconduct could. For example, if the adulterous spouse spent money in pursuit of the affair, the judge may award more property to the other spouse.

How To Get A No-Fault Divorce

If you believe a no-fault divorce could be right for you, the following is a quick guide to start the process:

Consult A Lawyer

Consulting a family law lawyer should be your initial step. They can explain the particular rules that apply not only in Arizona but also to your specific circumstance and answer any questions you might have.

File The Legal Paperwork

Following your consultation, your lawyer can help you file the required documentation with the court. In Arizona, the documents incorporate a petition for dissolution of marriage.

Both Spouses Agree On Terms

Collaborate with your spouse to agree on significant issues such as child(ren) custody, division of property, and spousal maintenance. An experienced lawyer can help with negotiations to aid both sides in reaching a fair agreement.

By following those steps, you can with confidence begin your no-fault divorce and avoid some of the common stresses.

Source: “Questions – Divorce & Annulment” Retrieved on May 19, 2025 from https://www.azlawhelp.org/viewquestions.cfm?mc=1&sc=3&qid=8476.

Ogborne Law In Scottsdale, AZ

Discussions about child custody issues are always difficult during a divorce. While there is no way to make them easy or comfortable, you can find ways to work together. The collaborative divorce process helps with tools and professionals to make child custody and other decisions a little more manageable. By working together as a team, you’re able to make the decisions that are best for the kids.

Collaborative divorce can make these challenging times more manageable. It requires you to work with your spouse at a time when you have decided you need to go your separate ways. When it comes to child custody, though, you want to do all you can to make the right parenting decisions. Collaborative divorce can help create pathways for you to cooperate. If you live in the Phoenix/Scottsdale area and want to learn more about collaborative divorce, contact Ogborne Law today.