Divorce Guide

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Arizona No Fault Divorce

According to Arizona No fault divorce laws Statutes 25-312, divorce can be granted on the basis of “No faults” if there are differences in the “temperaments” of the spouses and the marriage has “irretrievably broken down”. The courts find that there is no scope of bringing the marriage back on tracks and any attempt would not serve the best interests of the spouses. These grounds for divorce were brought about in 1977 in Arizona.

Covenant of marriage and Arizona No fault divorce

No fault grounds can not be the basis of the marriage in Arizona for partners who have married under the “covenant of marriage”. According to this covenant, the spouses agree to marry each other after a through pre-marital marriage counseling and they agree to marry for a “lifetime” and would make all efforts to “save the marriage”. In such cases, divorce can be granted on the basis of the “fault grounds”.

Residency requirements Arizona No fault divorce

According to Arizona No fault grounds for divorce, at least one of the partners must be resident of the state for 90 days before filing for divorce. Filing of the divorce must be in the same country where the petitioner resides in the state of Arizona. After 60 days of filing the divorce, the judges may call for hearing of the case. In cases of uncontested divorce, the judge may sign the decree of divorce without even calling for a “hearing”. If there are minor children involved in the custody matters regarding divorce, then that parent must be residing with the child or children in the state of Arizona for the last 6 months.

Marriage counseling in Arizona No fault divorce

In certain counties in the state of Arizona such as Maricopa has free marriage counseling also. If a spouse asks for free marriage counseling, then the other partner is not allowed to file for the divorce until the counseling is over. If a spouse had filed for the petition before the counseling had been requested by the other partner, then the divorce proceedings are put on hold as long as the period for marriage counseling lasts.

Grounds for a “fault-divorce”

The following factors can not be used in No fault divorce cases and can be used as legal grounds to get divorce on “fault-grounds”. They are:
  • Desertion,
  • Cruelty (emotional/physical)
  • Adultery
  • State of drunkenness
In the state of Arizona, these factors can be used as “fault grounds” of divorce. Couples from Arizona are given options to choose “No fault” or “covenant of marriage” before even entering into the marriage

Title in “No fault divorce”

The title of divorce in the state of Arizona is called the “dissolution” instead of “divorce’ in the state of Arizona. Attempts are made by jurisdiction to eliminate any blackening of character by petitioners as is observed in fault-grounds of divorce in Arizona.

Uncontested No fault divorce

Typically, No fault divorce cases have both the spouses agreeing on issues concerning child support, child custody, visitation schedules, parenting timing, spousal support etc. Such divorces are also called as “uncontested divorces”. In cases, where the spouses are not able to agree on certain issues, these No fault divorce matters are settled by contesting in the court. Such cases are rare, though. In cases of uncontested divorce, the divorce decree would be finally ended over between 90-120 days from the period of filing the divorce petition. There is a 60-day of “waiting period” after filing the divorce petition and the court gives the final hearing after that. The decree may also be signed by Arizona judge without even asking for a hearing.

Unless, the decree is given a final legal approval, partners can not assume that they are legally divorced.

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