What are the grounds for divorce in Arizona?

Lowen Jones

Arizona managing attorney at Marble Law

Published September 1, 2024 · 4 min read

Key Takeaways

No-Fault Divorce: Arizona is a no-fault divorce state, meaning you do not need to prove specific wrongdoing by your spouse.
Irretrievably Broken: The only ground for divorce in Arizona is that the marriage is irretrievably broken.
Covenant Marriages: Covenant marriages have more restrictive grounds for divorce, including adultery, felony conviction, abuse, abandonment, or living separately for two years
Legal Advice: It is best to consult with an attorney to understand your specific situation and the applicable grounds for divorce.

Arizona is a no-fault divorce state, meaning that you do not need to prove any specific wrongdoing by your spouse to file for divorce. Under Arizona law, specifically A.R.S. § 25-312, the only ground for divorce is that the marriage is “irretrievably broken.” This simply means that the marriage cannot be repaired, and there is no reasonable prospect of reconciliation between the parties.

In a no-fault divorce, it is unnecessary to prove issues such as adultery, abandonment, or other forms of marital misconduct. The court only requires that one spouse testifies that the marriage is irretrievably broken. This approach is intended to simplify the divorce process and reduce the conflict between spouses.

Uncontested Divorce

In an uncontested divorce, where both parties agree on all aspects of the divorce, including division of assets, debts, child custody, and support, the process can be relatively quick. Once the 60-day waiting period has passed, the parties can submit a consent decree to the court. If everything is in order, the judge can sign the decree, finalizing the divorce. In these cases, the entire process may take anywhere from 60 to 90 days.

For example, if both spouses agree on all terms and submit the necessary paperwork promptly after the 60-day waiting period, their divorce could be finalized shortly thereafter.

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Covenant Marriages: An Exception

However, Arizona recognizes a special type of marriage known as a “covenant marriage.” If you entered into a covenant marriage, the grounds for divorce are more restrictive. Under A.R.S. § 25-903, you must prove specific grounds, such as:

Adultery
Felony conviction resulting in imprisonment
Physical or sexual abuse
Abandonment for at least one year
Living separately for at least two years without reconciliation

Covenant marriages are less common, and the additional grounds for divorce reflect the more stringent requirements of this type of marriage.

Recap

In summary, for most marriages in Arizona, the only ground for divorce is that the marriage is irretrievably broken. If you are in a covenant marriage, additional grounds may apply. It is best to consult with an attorney to understand your specific situation and ensure that all legal requirements are met. This overview is not legal advice, and seeking legal assistance is recommended for personalized guidance.