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Arizona Divorce Facts

When going through a divorce in in Arizona, it's helpful to have some key information. Below you will find some of the most important facts everyone getting a divorce in the state of Arizona should know. The facts listed here are only a selected few of the more comprehensive set of Arizona Divorce Laws available for your reference. Remember, every state's law is different, and if you're not sure about a law in your state, you should ask a qualified Arizona Divorce Professional.

  • One of the spouses must live in the state at least 90 days before filing the dissolution, which must be done in the county in which the petitioner resides. After service of process, there is also a 60-day waiting period.
  • Arizona recognizes what is termed a covenant marriage, which is a higher standard of marriage. Unlike no-fault, where the grounds for the dissolution of the marriage are irretrievable breakdown, covenant marriages may be ended on grounds of 1) adultery, 2) conviction of a felony which mandates prison or death; 3) abandonment for more than one year, 4) commission of domestic violence against the spouse, child or relative, 5) living separately and continuously and without reconciliation for over two years, 6) living separately for over 1 year after a legal separation is obtained; 7) habitual use of drugs and alcohol, or 8) both spouses agree to the dissolution.
  • Irretrievable breakdown of the marriage, or one spouse wanting to live separate and apart, are both grounds for a legal separation.
  • Prior to filing, either spouse may ask the court to order mediation in order to either save the marriage or to obtain an amicable settlement and avoid further litigation. After filing, either spouse may request that the proceedings be transferred to the Conciliation Court for mediation. If one spouse denies that the marriage is irretrievably broken, the court my delay the case for up to 60 days and order the spouses to attend a conciliation conference.
  • Arizona is a community property state.
  • Marital misconduct is not considered in property division.

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