Is Arizona a No Fault Divorce State?
In general, there are two types of divorce: Fault and No-Fault. Most states have gone to a no-fault state. A large reason for this is because it is less time consuming and less contentious than a “fault” divorce. However, fault divorces do still exist. It is important to understand the difference if you are considering filing for divorce in Arizona.
A no-fault divorce is just what it sounds like. The party filing for divorce doesn’t have to prove their spouse did anything wrong. You can file for divorce for no reason whatsoever. If you can attest that you and your spouse have irreconcilable differences, then you quality for divorce. You also usually have to show that you have been separated for at least one year prior to filing. Your spouse cannot fight or challenge the divorce. They can drag it out, but eventually it will be granted.
A fault divorce is the opposite. You do have to list grounds for divorce in a fault divorce. Some of the most common reasons are:
- Adultery – you must prove the other party had sex with someone outside the marriage
- Prison – you must demonstrate that your spouse will be in prison for an extended period of time
- Abandonment – you usually have to show that your spouse has been gone for a certain period of time. The length of time varies depending on the state.
- Inability to perform sexually – This is hard to document, but it is grounds for divorce.
- Extreme pain and cruelty – This is when there is documented abuse and domestic violence involved. The abuse can be verbal, physical or emotional.
In a fault state, the defendant can object to the divorce. They can prove defenses to the basis claimed by the plaintiff. If they do so successfully, the divorce will not be granted. This is not the case with no-fault divorce states.
Arizona is a No-Fault State
Arizona, like most states, is a no-fault state. You do still have to list grounds for divorce in your divorce complaint. These grounds may be the same as those listed above. However, most people who file for divorce simply list irreconcilable differences as the basis for divorce. All this means is that the parties can no longer carry on as husband and wife.
In Arizona, if one party files for divorce the other party cannot object to it. Since there is no need to prove that your spouse did anything wrong, there is no way to challenge it. If you take all the proper steps and file the right paperwork, the divorce will ultimately be granted.
Contact a Family Law Attorney in Arizona
If you wish to file divorce in Arizona, you should contact a divorce lawyer. Although there is no need to prove wrongdoing in Arizona, your spouse can certainly hold things up. If there are assets or children involved, the divorce can take months or even years. So, although your spouse can’t technically fight the divorce itself, they can certainly object to every step along the way. It’s important to have a lawyer there by your side so they can help you overcome these challenges.
Click here for additional information on adultery and divorce in Arizona.