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.