The Four Requirements for Divorce
Arizona is a no-fault divorce state, meaning neither spouse has to prove wrongdoing. But the court still requires specific findings before it will grant a dissolution. The most common requirement 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)At least one spouse must have been an Arizona 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 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 also continue the matter for up to 60 days and order a conciliation conference. Ultimately, the court makes the determination. A finding that the marriage is irretrievably broken simply means there is no reasonable prospect of reconciliation. During this process, the court also addresses property division, child custody, spousal maintenance, and support. Having an organized estate plan with clear documentation of separate property and community property can be a significant advantage.
