When a couple goes through a divorce, it’s natural that both sides try to pin the blame on the other spouse for the different issues in the marriage. Under Arizona divorce law, however, it is usually not necessary to prove who is at fault for the dissolution of the marriage. Instead, the only question the courts care about is if the marriage is “irretrievably broken.”
How do you prove that a marriage is broken beyond the point of repair? One or both spouses must show that there is no reasonable chance of reconciliation. On the other hand, if one spouse denies that the marriage is irretrievably broken, the court may order a conciliation conference and will wait two months before deciding on whether to allow the divorce.
The only exception to the no-fault rule is if you have entered into a covenant marriage. In a covenant marriage, partners complete marital counseling prior to marrying and sign a special declaration in order to obtain a marriage license.
Under state law, a court cannot grant a divorce unless both spouses agree to the divorce or a spouse has committed one of the enumerated "faults." These include adultery, abandonment, physical abuse, or regular substance abuse, among others.
A divorce attorney is not required in order to file for divorce; however, ending a marriage can have very significant legal and personal consequences. If you believe your marriage is irretrievably broken and are considering filing for divorce, you should consult a Phoenix family law attorney who can assist you with Arizona's divorce laws and inform you of your legal rights and responsibilities.
Related Resources:
- Find a Phoenix Family Law Attorney (FindLaw)
- Arizona Legal Requirements for Divorce (FindLaw)
- Things You Should Know about Divorce in Arizona (Arizona Supreme Court)
- What is a Fault vs. No-Fault Divorce (FindLaw's Law & Daily Life)
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