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A.R.S. § 25-312

Dissolution of Marriage: Court Findings

Verified April 4, 202657th Legislature, 1st Regular Session

Before granting a divorce, the superior court must confirm specific findings. At least one spouse must have lived in the state for 90 days. The marriage must be irretrievably broken. Any applicable conciliation requirements must have been met.

Title 25, PREMARITAL AND MARITAL AGREEMENTS

azleg.gov

The Four Requirements for Divorce

Arizona is a no-fault state for divorce. Neither spouse has to prove wrongdoing. But the superior court still requires specific findings before it will grant a dissolution. The divorce process starts with meeting these requirements. The most common one people overlook is the residency period.

The court shall enter a decree of dissolution of marriage if it finds each of the following: 1. That one of the parties, at the time the action was commenced, was domiciled in this state or was stationed in this state while a member of the armed services and that in either case the domicile or military presence has been maintained for ninety days before filing the petition.

A.R.S. § 25-312(A)(1)

Under Arizona law, at least one spouse must have been a resident or stationed here through military service for a minimum of 90 days before filing. The court must also find that the marriage is irretrievably broken. For covenant marriages, the court applies a separate set of grounds under A.R.S. 25-903.

When One Spouse Disagrees

If both spouses agree the marriage is irretrievably broken, the court accepts that finding. But when one spouse denies it under oath, the court holds a hearing. The purpose is to evaluate the prospect of reconciliation.

If one of the parties denies under oath or affirmation that the marriage is irretrievably broken, the court shall hold a hearing to consider all relevant factors as to the prospect of reconciliation and shall make a finding as to whether the marriage is irretrievably broken.

A.R.S. § 25-312(C)

The court may continue the matter for up to 60 days. It can also order a conciliation conference. The court can request an application and affidavit from either party during this process. A consent decree may result if the parties reach agreement during that period.

During this process, the court also addresses property division, child support, spousal maintenance, health insurance, and related family law issues. Having an organized estate plan with clear documentation of separate property and community property can be a real advantage.

25-312. Dissolution of marriage; findings necessary A. The court shall enter a decree of dissolution of marriage if it finds each of the following: 1. That one of the parties, at the time the action was commenced, was domiciled in this state or was stationed in this state while a member of the armed services and that in either case the domicile or military presence has been maintained for ninety days before filing the petition for dissolution of marriage. 2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met. 3. The marriage is irretrievably broken. 4. If the marriage is a covenant marriage, any of the grounds prescribed in section 25-903. B. If both of the parties by petition or otherwise state under oath or affirmation that the marriage is irretrievably broken or if one of the parties so states and the other does not deny it, the court shall make a finding as to whether the marriage is irretrievably broken. C. If one of the parties denies under oath or affirmation that the marriage is irretrievably broken, the court shall hold a hearing to consider all relevant factors as to the prospect of reconciliation and shall do either of the following: 1. Make a finding as to whether the marriage is irretrievably broken. 2. Continue the matter for not more than sixty days for a further hearing. At the request of either party or on its own motion, the court may order a conciliation conference. At the next hearing the court shall make a finding as to whether the marriage is irretrievably broken. D. A finding that the marriage is irretrievably broken is a determination that there is no reasonable prospect of reconciliation. E. To the extent it has jurisdiction to do so, the court shall make provisions for legal decision-making and parenting time, the support of any natural or adopted child common to the parties of the marriage entitled to su...

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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