No-Fault Divorce in Arizona
Arizona is a No-Fault Divorce State
Unlike some states, Arizona is a no-fault divorce state. You do not have to prove grounds to file for divorce other than the marriage is irretrievably broken. In some states, you are required to prove your wife or husband did something to justify a divorce.
Stated differently, your spouse would have had to be at fault as grounds to file a divorce to end your marriage. He or she may have had an adulterous affair, have been abusive, or be incarcerated for committing a serious crime. These requirements made it more difficult to get a divorce and increased the cost of the divorce as you would have to prove your spouse committed an act that justified the divorce. Arizona, on the other hand, is a no-fault divorce state.
In Arizona, you do not need to prove the other spouse did anything to justify a divorce. All you have to establish as grounds to file for divorce is that the marriage is irretrievably broken. This is easily accomplished by one spouse testifying that he or she believes the marriage is irretrievably broken.
This is true even if the other spouse testifies the marriage is not irretrievably broken. However, either spouse may request the court to order the spouses to attend mandatory marriage counseling to attempt to save the marriage.
Although Arizona is a no-fault state when it comes to having to prove grounds to file to dissolve a marriage that does not mean fault does not play a role in a divorce. There are many issues that are still relevant in an Arizona divorce case, particularly those involving children including:
- Infidelity and waste claims;
- Abuse of alcohol;
- Abuse of drugs;
- Mental health issues;
- Domestic violence;
- Child abuse;
The Affect of Infidelity and Waste Claims on a No-Fault Divorce
If the divorce is being filed because one of the spouses was having an affair, grounds for a waste claim may exist in the divorce. Each spouse owes a duty to the other spouse to manage their income and assets in a manner that benefits the community.
If a spouse is spending community money on an affair, those monies undoubtedly did not benefit the community and were, therefore, a waste of community funds. Your spouse may be ordered to reimburse the community for those funds spent on an affair.
The Affect of the Abuse of Alcohol in a No-Fault Divorce
Both spouses are presumed by law to be fit parents. However, that presumption can be overcome if you can prove a spouse is an alcoholic or has an addiction to drugs even in a no-fault divorce state. Drinking alcohol to excess or being under the influence of illegal drugs can seriously impact a parent’s ability to properly care for a child.
It could also constitute neglect by the other spouse if he or she were to knowingly allow someone who is intoxicated or high to care for his or her children.
A person who is an alcoholic or is addicted to drugs can be ordered to abstain from the consumption of alcohol and drugs during his or her visits with the children. That person could also be ordered to participate in random drug or alcohol testing and could, in certain situations, could be ordered to blow into a portable breath testing device at certain intervals of his or her parenting time; which readings are then uploaded to enable the other parent to monitor the situation.
Of course, the best way to resolve the issue is for the other parent to abstain from drinking alcohol or illegal drugs altogether. In this case, the issue of the consumption of alcohol or abuse of drugs can be easily resolved.
The Affect of Mental Health Issues in a No-Fault Divorce
Mental health issues are rampant in our society, but not all mental health issues materially affect a parent’s ability to care for his or her own children. Issues such as anxiety, mild depression, and even some personality disorders affect a parent, but not affect some parents to the extent that he or she is not capable of providing for the basic needs of his or her child.
Despite that fact, it would certainly be an issue the court may consider when determining how much parenting time that parent will receive, as well as the court’s orders pertaining to legal decision making for the child.
The Affect of Domestic Violence in a No-Fault Divorce
Domestic violence can have a major impact on divorce in Arizona, even though Arizona is a no-fault divorce state, and, most likely, will be grounds for the abused parent receiving sole legal custody of a child. Children witnessing domestic violence are negatively affected in many ways, both short term and long term.
Whenever a spouse abuses his or her spouse, there is also a concern that the children may be exposed to abuse when the protective parent is not around to ensure they are safe. A court should take the existence of domestic violence seriously to protect both the spouse and the innocent children safe. A spouse who is being abused should seriously consider obtaining an Order of Protection.
The Affect of Child Abuse in a No-Fault Divorce
Child abuse and neglect can have a major impact on divorce in Arizona. The Arizona Court of Appeals in a child abuse case stated that the court must place paramount importance on protecting children when deciding issues of child custody in an Arizona divorce case.
A court is allowed to disallow parenting time to a person who has abused his or her children or order that his or her parenting time be supervised to protect the child. Often, counselors are involved who provide evidence to the court as to whether contact between the abusive parent and the child will be beneficial or harmful to the child.
If you have questions about what a no fault divorce is in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have over 100 years of combined experience successfully representing clients in divorce and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your divorce or family law case around today.
Arizona Family Law Attorneys in Scottsdale and Tucson Arizona
More Articles About Divorce in Arizona
- The advantage of Filing Divorce First in Arizona
- Are Prenuptial Agreements Enforceable in Arizona
- Arizona Divorce
- Arizona Divorce Attorney Reviews
- Arizona Divorce Child Custody
- Arizona Divorce Debt
- Arizona Divorce Forms
- Arizona Divorce Laws
- Arizona Divorce Laws Alimony
- Arizona Divorce Laws and Statutes
- Arizona Divorce Laws on Adultery
- Arizona Divorce Papers
- Arizona Divorce Practice
- Arizona Divorce Process
- Arizona Divorce Records Search
- Arizona Marriage Laws
- Asset and Property Search in an Arizona Divorce
- Arizona Divorce When You Can’t Find Your Spouse
- Change to Maiden Name After Divorce in Arizona
- Changing Orders in an Arizona Divorce Decree
- Children and Divorce in Arizona
- College Expenses After Divorce in Arizona
- Complex Divorce Cases in Arizona
- Conciliation Court Services in Arizona
- Consent Required for Marriage of Minors in Arizona
- Considering the Children during a Divorce in Arizona
- Convert to a Covenant Marriage in Arizona
- Coping With Divorce in Arizona
- Court Services to Save a Marriage in Arizona
- Custody of the Family Pet in a Divorce in Arizona
- Dissolution of Marriage in Arizona
- Divorce After Legal Separation in Arizona
- Divorce and Children in Arizona
- Divorce Arizona
- Divorce Case is on the Inactive Calendar in Arizona
- Divorce Court Jurisdiction in Arizona
- Divorce in Arizona Without Children
- Divorce Procedures in Arizona
- Divorce Records in Arizona
- Divorce Statistics in Arizona
- Divorce Support Groups in Arizona
- Domestic Violence and Divorce in Arizona
- Effect of Adultery on an Arizona Divorce
- Effects of Divorce on Children in Arizona
- Enforceable Arizona Prenuptial Agreements
- Failure to Include an Issue in an Arizona Divorce
- Filing for Divorce in Arizona
- Filing for Divorce to Receive Alimony in Arizona
- Guide to Divorce for Men in Arizona
- High Asset Divorce in Arizona
- High Conflict Divorce in Arizona
- High Net Worth Divorce Arizona
- How is a Divorce Finalized in Arizona
- How Long Does a Contested Divorce Take in Arizona
- How Long Does it Take to Get a Divorce in Arizona
- How Long Does it Take to Get Divorced in Arizona
- How Long Does Uncontested Divorce Take in Arizona
- How Long To Be Separated Before Divorce in Arizona
- How long to get Temporary Orders in Arizona
- How Much Does it Cost to Get a Divorce in Arizona
- How to Appeal a Divorce Decree in Arizona
- How To Find Good Divorce Attorney in Arizona
- How to Start a Divorce in Arizona
- Learn About Uncontested Divorce in Arizona
- Legally Separated File Divorce in Arizona
- Marital Settlement Agreement in Arizona
- The merger of the Settlement Agreement in Arizona
- Military Divorce Laws in Arizona
- Misled Into Signing Divorce Settlement in Arizona
- Modifying a Divorce Decree in Arizona
- No Contest Divorce in Arizona
- Order to Pay Spouses Attorney Fees in Arizona
- Parenting Class During a Divorce in Arizona
- Petition for Dissolution of Marriage in Arizona
- Protect Children in a Divorce in Arizona
- Quick Divorce in Arizona
- Reasons for Divorce in Arizona
- Reasons to File for Divorce in Arizona
- Represent Yourself in Arizona Divorce Case
- Same-Sex Divorce in Arizona
- Sealing Court Records in an Arizona Divorce
- Sell Home During Divorce in Arizona
- Selling Property During a Divorce in Arizona
- Served With Divorce Papers in Arizona
- Serving Divorce Papers by Publication in Arizona
- Should I Keep the House in a Divorce in Arizona
- Social Media Evidence in Divorce in Arizona
- Stop an Arizona Divorce
- Stop an Arizona Divorce if You Change Your Mind
- What Happens at a Resolution Management Conference in Arizona
- What Happens If the Divorce Case Goes to Trial in Arizona
- What Happens Temporary Orders Hearing in Arizona
- What is a Covenant Marriage in Arizona
- What is a Default Divorce in Arizona
- What is a Family Law Master in an Arizona Divorce Case
- What is a Preliminary Injunction in an Arizona Divorce
- What is a Temporary Orders Hearing in Arizona
- What is the Divorce Process in Arizona
- What Reasons Do I Need to Obtain a Divorce in a Covenant Marriage in Arizona
- What to do When Served with Divorce Papers in Arizona
- When Can I File For Divorce in Arizona
Chris Hildebrand wrote the information on this page about a no-fault divorce in Arizona to ensure everyone has access to information about divorce laws in Arizona. Chris is a family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through.