No-Fault Divorce

Understanding No-Fault Divorce

Arizona is a no-fault divorce state, which means you don’t need to prove that your spouse did something wrong in order to file for divorce. Instead, the only requirement is stating that the marriage is “irretrievably broken.” In other words, the court does not assign blame—it simply recognizes that the marriage cannot continue.

This approach can often reduce conflict, simplify the process, and allow both parties to move forward without unnecessary disputes over fault.

The Basics of No-Fault Divorce in Arizona

• Residency Requirement: At least one spouse must have lived in Arizona for a minimum of 90 days before filing for divorce.
• Irretrievable Breakdown: You only need to state that the marriage cannot be repaired.
• Covenant Marriages: If you entered into a covenant marriage (a special type of marriage recognized in Arizona), different rules may apply. These require more specific grounds for divorce, such as abuse, abandonment, or adultery.

Key Issues in a No-Fault Divorce

Even though you don’t have to prove fault, a divorce still involves important decisions, including:

• Division of Property and Debt: Arizona is a community property state, which generally means assets and debts acquired during the marriage are divided equally.
• Child Custody (Legal Decision-Making & Parenting Time): The court focuses on the best interests of the child, not who is “to blame” for the divorce.
• Child Support & Spousal Maintenance (Alimony): Financial arrangements are determined based on need, ability to pay, and other statutory factors.

Benefits of No-Fault Divorce

• Less adversarial and more respectful process
• Reduced legal battles over blame or wrongdoing
• Greater focus on resolving financial and parenting issues
• Opportunity to pursue mediation or collaborative divorce if both spouses are willing