What Reasons Do I Need to Obtain a Divorce in a Covenant Marriage?

The court may only grant a divorce (“dissolution of marriage” in Arizona) or a legal separation of a covenant marriage for certain limited reasons. To get a divorce, any one of the following eight reasons must be proven to the court (these are listed in Section 25-903 of the Arizona Revised Statutes):

  • The spouse against whom the divorce case is filed (the “Respondent”) has committed adultery;
  • The spouse against whom the divorce case is filed (the “Respondent”) has committed a serious crime (“felony”) and has been sentenced to death or imprisonment;
  • What Reasons Do I Need to Obtain a Divorce in a Covenant Marriage
  • For at least one year before the divorce case is filed, the spouse against whom the divorce case is filed (the “Respondent”) has been absent from (“abandoned”) the home where the married couple resided and refuses to return. The law allows an exception. A person may file for divorce by claiming that the other spouse has left the home and is expected to stay away for the one-year period;
  • If the spouse has not been away for one year when the court papers are filed, the divorce case will not be dismissed by the court. Instead the case will be put on hold until the one-year requirement is met. During this time, the court still may grant and enforce temporary orders for things like child support, parenting time (formerly known as “visitation”) and spousal support (sometimes called “alimony” or “spousal maintenance”);
  • The spouse against whom the divorce case is filed (the “Respondent”) either has (1) physically or sexually abused the other spouse, a child or a relative of either spouse who lives permanently in the married couple’s home, or (2) committed domestic violence (defined in Section 13-3601 of the Arizona Revised Statutes) or emotional abuse;
  • The spouses have been living separate and apart without getting back together for at least two straight years before the divorce case are filed. The law allows an exception. A person may file for divorce by claiming it is expected the spouses will be separated for the two-year period. If the spouses have not been separated for two years when the court papers are filed, the divorce case will not be dismissed;
  • Instead the case will be put on hold until the two-year requirement is met. During the two-year period, the court may still grant and enforce temporary orders for things like child support, parenting time (formerly known as “visitation”) and spousal support (sometimes called “alimony” or “spousal maintenance”);
  • What Reasons Do I Need to Obtain a Divorce in a Covenant Marriage
  • The spouses already have been granted a legal separation by the court, and they have been living separate and apart without getting back together for at least one year from the date of the legal separation;
  • The spouse against whom the divorce case is filed (the “Respondent”) has regularly abused drugs or alcohol;
  • The spouses both agree to a divorce;

Contact Our Scottsdale Arizona Divorce Attorneys

If you are in need of a divorce lawyer in Arizona, the family law firm of Hildebrand Law, PC is only a phone call away. Our attorneys handle all types of divorce cases in Arizona. Please call (480) 305-8300 if you wish to speak with our Arizona divorce lawyers or have additional questions regarding Arizona divorce laws.