If you’ve decided it’s time to call it quits, it’s crucial to understand the legally recognized grounds for divorce in Arizona. Please continue reading to learn the specific legal requirements for dissolving your marriage and how a knowledgeable Tempe, AZ Divorce Lawyer can help you navigate your options.
What Are “Grounds for Divorce”?
First and foremost, it’s crucial to understand that “grounds” refer to the legal reasons necessary for initiating a divorce. Most states, like Arizona, allow no-fault divorces due to the irretrievable breakdown of the marriage. The specific ground selected can significantly influence how the case is handled and proceeds.
Arizona allows spouses to dissolve their marriage without requiring evidence of fault. The most commonly employed basis for a divorce is the irretrievable breakdown of the marriage. This signifies that the marital union is beyond salvage and there is no realistic expectation of reconciliation. A declaration from one spouse is normally adequate, and no evidence of misconduct is necessary.
It should be noted that the state also imposes a strict residency requirement. To pursue a divorce in Arizona, at least one spouse must have resided in the state for a minimum of 90 days before filing.
What is a Covenant Marriage?
Arizona is one of the few states in the U.S. that recognizes a special type of marriage known as a “covenant marriage.” Essentially, these marriages carry stricter requirements for divorce. Unlike in standard marriages, you’ll need to cite specific fault-based grounds. Accepted grounds include:
- Adultery
- Abuse or domestic violence
- Abandonment for at least one year
- Substance abuse
- Imprisonment
- Living separately for at least two years
- Living separately for at least one year following legal separation
- Mutual consent after counseling
Although Arizona is primarily a no-fault state, certain actions can still be relevant in a divorce. Generally, behaviors that negatively impact your finances or a child’s welfare can influence decisions regarding alimony or child custody decisions. Put simply, even though obtaining a divorce doesn’t require proving fault, fault-related conduct can still be a factor in specific aspects of the case.
How Can a Divorce Lawyer Help?
Even in a no-fault divorce case, securing professional legal counsel is vital. A divorce lawyer at Weingart Family Law will ensure your rights and interests are safeguarded at every turn. Our legal team is prepared to help you make informed decisions and advocate on your behalf if any disagreements or contested issues arise.
Understanding the legally recognized grounds for divorce in Arizona can help you properly prepare and file correctly in the right county, avoiding costly delays. Contact Weingart Family Law today to schedule a consultation.
