Aside from proving that your marriage is “irretrievably broken,” no, you do not need a reason for filing for divorce in the state of Arizona, unless you have a covenant marriage which we discuss later on. The state of Arizona, like many other states, is considered a no-fault state which means “neither spouse needs to give a reason for the divorce” [Source: State Bar of Arizona]. One requirement, however, that you must meet before you can file a petition for divorce is you or your spouse must have been a resident of Arizona for at least 90 days before you are able to file.
What is a covenant marriage?
Although most couples will not need a reason to file for divorce, those who have a covenant marriage do as we have mentioned above. A covenant marriage is when a couple agrees to go through pre-marital counseling and must meet one of the grounds established by the Arizona Courts before a divorce can be granted. If you and your spouse agreed to a covenant marriage, you must meet one of the following grounds according to A.R.S. §25-903:
- Your spouse committed adultery.
- Your spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county or municipal correctional facility.
- Your spouse has abandoned your home for at least one year before you file for a dissolution of marriage and refuses to return. You are entitled to file your petition claiming this as your ground for requesting that a divorce be granted if you expect your spouse “to remain absent for the required period,” which is one year. In the event you file your petition and it hasn’t yet been a year, your petition won’t be dismissed, however, it will remain pended until the one-year-period has been satisfied.
- Your spouse has physically or sexually abused you, a child, a relative of either spouse permanently living in your home or has committed domestic violence or emotional abuse.
- You and your spouse have been living apart continuously without reconciliation for at least two years before filing for a dissolution of marriage. In the event you file your petition before the two of you have been separated for two years, your petition won’t be dismissed, however, a divorce cannot be granted until this ground has been met.
- You and your spouse have been living separate without interruption for at least one year from the date the decree of legal separation was entered.
- Your spouse has habitually abused drugs or alcohol.
- Both you and your husband/wife have agreed to a dissolution of marriage.
Who can help me file for divorce in Chandler, AZ?
If you and your spouse are looking to file for divorce in Chandler, AZ, whether you have a covenant marriage or not, you are advised to consult with a divorce attorney. There are many matters that may need to be addressed and without the proper representation, you risk not having your interests taken into account when it comes time to discuss things like alimony, child support, and child custody. Therefore, if you want to be sure you are awarded fairly in your divorce and that your needs and desires are considered, contact the Chandler, AZ divorce lawyers at the Zachary Law Group.
The Zachary Law Group is located at:
3100 W Ray Rd #201
Chandler, AZ 85226