All states have certain requirements for getting a divorce, which may include residency rules or the requirement to be legally separated for a certain amount of time before filing for divorce. While laws used to require proof that one of the spouses was at fault, all states now allow "no fault" divorce. Arizona's "no-fault" divorce laws include residency for at least 90 days prior to filing for divorce.
Arizona’s Divorce Laws
The table below outlines some of the most important provisions of Arizona law as it pertains to divorce.
| Code Section | |
| Residency Requirements | One party must be Arizona domiciliary and presence has been maintained 90 days prior to filing for divorce. |
| Waiting Period | If one party denies that marriage is irretrievably broken, court may order conciliation conference and matter is continued for 60 days; at next hearing, court makes finding whether marriage is broken as a result of "no reasonable prospect of reconciliation." 25-316 |
| 'No Fault' Grounds for Divorce | Irretrievable breakdown; separation (both parties must consent and relationship must be irretrievably broken). |
| Defenses to a Divorce Filing | Only defense is that marriage is not irretrievably broken. |
| Other Grounds for Divorce | Only requirement is that relationship is irretrievably broken and the court has made provisions for child custody, support, disposition of property, and support of spouse. Covenant marriage: adultery, conviction of felony, abandonment for one year; sexual abuse; living apart for 2 yrs., or 1 yr. after legal separation; drug/alcohol abuse; both spouses agree |
No Fault Divorce Laws
As you can see from the table, Arizona is one of many “no fault†divorce states. No fault divorce means that you do not have to prove any fault on the part of your spouse. All you have to do is give any reason that the state honors for the divorce. In Arizona, the reason is that the marriage is “irretrievably broken,†which is a legal way of saying that you and your spouse do not get along and that your marital relationship cannot be repaired. If you’d like to do more of your own research, you can find more general information on this topic is also available at FindLaw’s divorce section.
Getting Divorced in Arizona? Get Help From a Divorce Attorney
Getting a divorce can be an especially difficult process, both emotionally and legally. Consulting with an attorney could ease the strain of dealing with both the your spouse and the divorce paperwork; in any event, your estranged spouse likely will have their own attorney. Don't take any chances; meet with an experienced divorce attorney in Arizona who can explain the legal requirements surrounding dissolving your marriage.Â
