No Fault Divorce

Understanding Arizona no fault divorce is the first step for anyone in Tucson considering ending a marriage. Arizona is a no fault divorce state.  A spouse does not need any grounds upon which to base filing for divorce.  All that is necessary is for at least one spouse to state that the marriage is irretrievably broken and the court will grant a divorce.  This is true for any Arizona resident who wishes to file for divorce except for a person who has a Covenant Marriage.

Arizona law also provides that marital property is divided without regard for marital misconduct.  A spouse who is unfaithful, or who is abusive, or who has not contributed to the financial support of the marital partnership is still entitled to an equal share of the community property.  However, if a spouse has committed marital waste, that can be taken into account by the judge in the division of community property.  If you believe that your spouse may have committed marital waste, it is important to have an attorney who knows how to make that case in court. 

How Arizona No Fault Divorce Works

Because Arizona is a no fault divorce state, the court does not require either spouse to prove wrongdoing such as adultery or abandonment. A spouse only needs to state that the marriage is irretrievably broken, and the divorce can move forward even if the other spouse objects. The one exception is a covenant marriage, which requires specific legal grounds before a divorce may be granted. This no fault approach is designed to reduce conflict and let both spouses focus on practical issues like property division, support, and parenting.

Talk to a Tucson Lawyer About Arizona No Fault Divorce

Even though the grounds are simple, an Arizona no fault divorce can still involve complex questions about community property, spousal support, and legal decision-making. An experienced Tucson attorney can protect your interests and help you resolve these issues efficiently. Learn more about the divorce process and property division, or contact our Tucson office to schedule a consultation. Arizona dissolution law is set out in A.R.S. 25-312.