No Fault Divorce

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.