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Attorney Carrie Wilcox

Remember these points regarding divorce in Arizona

| May 10, 2021 | Divorce, Annulment And Separation

Many spouses don’t decide to divorce on the spur of the moment. They instead think about it for some time before deciding to end their marriage. If you are thinking about divorce, you’ll want to apprise yourself of the filing requirements for divorce, as this knowledge may shape how you proceed in your case. 

Arizona divorce residency requirements

At least one of the spouses must have resided in Arizona for at least 90 days before filing for divorce. The other spouse doesn’t need to have ever assumed residence in the state. 

What are the grounds for divorce in Arizona?

Arizona is a no-fault divorce state. This means that neither one of you needs to state a reason for seeking a divorce here in Arizona. You generally only need to say that your marriage is irretrievably broken, which means that you two have tried and failed to repair any rifts that have developed between you. The only defense to this is if one of you counters that you believe that there is hope for saving your marriage. 

You would need to provide a reason for your divorce if you were married via the covenant marriage approach. You and your spouse may need to be legally separated for at least a year, living apart for at least two years without a legal separation, conviction of a felony charge, adultery, a 1-year abandonment or substance abuse to qualify for a divorce in this instance. The only exception to that is if both parties agree that divorce is the best course of action. 

What’s the waiting period for an Arizona divorce?

Arizona has a 60-day waiting period for a divorce. The time starts when the divorce paperwork is filed and served. 

You may find it helpful to discuss your case’s unique circumstances with your attorney to learn more about the options you have for ending your marriage. It’ can help you determine how to best proceed in your case.