Is Arizona A No-Fault Divorce State?

Yes, Arizona is a state that maintains no-fault divorce laws. Not too long ago, many states required the party who wanted a divorce to prove that his or her spouse had done something to justify the need for a divorce. Let’s take a deeper look at no-fault divorce laws and what couples are eligible for in the state of Arizona.

What Is A No-Fault Divorce?

In a no-fault divorce, neither party will have to prove the other party is at fault in order to justify the divorce. Instead, one of the spouses must simply assert that he or she believes the current marriage to be irretrievably broken. Neither party will have to prove impotence, adultery, cruelty, or any other grounds for a divorce with this process.

There is only one exception to this rule, however. Couples that choose to enter into a covenant marriage or convert their marriage to a covenant marriage are not eligible for a no-fault divorce. In this marriage, the couple will agree to premarital counseling. The couple will also agree that a divorce will only be granted in the event that certain grounds for a divorce are satisfied. Under Arizona law, the possible grounds for dissolution of a covenant marriage include the following:

• Abandonment.
• Adultery.
• Physical and/or sexual abuse.
• Committing a felony.
• Drug or alcohol abuse.
• Both parties agree to dissolution of the covenant marriage.
• Living apart for at least two years prior to the petitioner filing for the request for dissolution.

How Does The Divorce Process Work In Arizona?

The Arizona divorce process starts when one spouse files a petition for dissolution of marriage. At this time, all related documents will be filed to the court and these documents are ultimately served to the other spouse. The spouse who is served now has 20 days to file a response with the court. If this spouse fails to respond to the petition within the appropriate time frame, the other spouse may apply for a default divorce.

Prior to the divorce being finalized, mediation may be required in order to help the spouses come to an agreement regarding the divorce terms. This can include child support, child custody, alimony, and property division.

Mediation provides a fair opportunity for both spouses to work together utilizing the help of a neutral, third-party mediator. The mediator is there to facilitate the necessary conversations, helping them to reach an agreement that works for everyone involved.

If the spouses can still not agree on the divorce terms, a trial will result. During this trial, each side will be given an opportunity to present evidence to support their case(s). The judge will make their decision, issue the order and finalize the divorce agreement.

Can Adultery Impact The Outcome Of A Divorce?

People often wonder whether a spouse’s or their own adulterous behavior will impact the outcome of their divorce. Since Arizona is a no-fault divorce state, adultery will not ultimately affect a party’s ability to obtain a divorce. The only exception here is a covenant marriage, as outlined above.

Adultery, however, can impact a few certain issues in a divorce, including the following:

• Child custody: Adultery in the past could impact a child custody arrangement in the event the affair is indicative of parental unfitness. The spouse seeking custody could undoubtedly argue the adulterous parent is unfit for custody.
• Division of property: While adultery itself does not have an impact on property division, economic misconduct could. For instance, if there is evidence that the adulterous spouse spent money in pursuit of the affair, a judge could award more property to their spouse.

Other Types Of Divorce In Arizona

In addition to no-fault divorce, there are a few other options for Arizona couples considering a split. Let’s look at the common divorce types below.

Contested Divorce

You may try to obtain a settlement in a contested divorce, but if you do not succeed, these determinations will be made by a judge including, legal decision-making responsibilities for a child or children, child support and parenting time, property, and asset distribution as well as debt allocation and the amount of spousal maintenance to be paid.

Uncontested Divorce

If terms were initially agreed and everyone is satisfied, paperwork may be filed explaining the arrangements without the need for a judge to make determinations.

Collaborative Divorce And Divorce Mediation

Collaborative divorce can lead toa divorce relatively free of stress even when there is not total agreement between the partners. A lawyer advocates for each party to come to conclusions. In mediation, a third party (strictly neutral) works with both parties to make agreements without the need for a judge.

Default Divorce

When you file for divorce and the other party does not respond within a period of twenty days following being served with papers, you may be allowed to proceed by the court on a default basis.

Legal Separation

Not dissimilar to a divorce in that the court determines legal decision-making responsibilities for a child or children, child support and parenting time, property, and asset distribution as well as debt allocation and the amount of spousal maintenance to be paid.

Source: “Questions – Divorce & Annulment” AZ Law Help https://www.azlawhelp.org/viewquestions.cfm?mc=1&sc=3&qid=8476