In popular culture, divorce is often dramatized as a high-stakes courtroom battle filled with accusations and emotional outbursts. In Arizona, the legal process is usually far less theatrical. This is because Arizona follows a “no-fault” divorce system.
What “No-Fault” Means
Residency Requirements
Before filing for divorce in Arizona, at least one spouse must have lived in the state, or been stationed here as a member of the armed forces, for at least 90 days. This requirement ensures that Arizona courts have jurisdiction over the case.
If there are children involved, the children need to have resided in Arizona for 6 months for the court to have jurisdiction over the children.
The Divorce Process
1. Filing the Petition – One spouse initiates the process by filing a petition for dissolution of marriage.
2. Service of Process – The other spouse must be formally notified through legal service, ensuring they have “notice” of the case and an opportunity to respond.
3. Mandatory Waiting Period – Arizona law imposes a 60-day waiting period from the date the petition is served before the divorce can be finalized.
4. Resolution or Trial – Most cases are resolved through negotiated agreements on property division, parenting arrangements, and support. If agreement is not possible, the matter proceeds to trial and a judge issues a final ruling.
An Important Exception: Covenant Marriage
Arizona also recognizes covenant marriages, which require couples to meet specific statutory grounds for divorce, such as proof of adultery or abandonment, before the court will grant dissolution. These marriages are less common but significantly alter the legal requirements for divorce.
It is important to note that, in this context, a covenant marriage is a legal concept. It is a binding contract that you would have entered into prior to getting married. Getting married in the church does not automatically create a covenant marriage in the legal context.
Key Takeaway
Considering divorce in Arizona?
Every situation is unique, and understanding how no-fault divorce laws apply to you can make all the difference. Our experienced family law team can guide you through the process, protect your rights, and help you move forward with confidence.