Is It Easy To Get Divorced In Arizona? | Phoenix Divorce Attorney Ron Thomas
July 13, 2017
It is very easy to get divorced in Arizona. Anyone can ask for a divorce and receive one, without having to provide a reason why the divorce is desired. The exception is if you have what is referred to in Arizona as a “covenant marriage.” Covenant marriages are rare; it is unlikely that you have one. If you have one, you would know it, because you would have had to opt-in to the covenant marriage status.
If you have a covenant marriage in Arizona, obtaining a divorce is more complicated because your situation must fit within one of the special categories for obtaining a divorce. Notwithstanding any law to the contrary, if a husband and wife have entered into a covenant marriage in Arizona the court cannot enter a decree of dissolution of marriage unless it finds any of the following:
- The respondent spouse has committed adultery.
- The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county or municipal correctional facility.
- The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for dissolution of marriage and refuses to return. A party may file a petition based on this ground by alleging that the respondent spouse has left the matrimonial domicile and is expected to remain absent for the required period. If the respondent spouse has not abandoned the matrimonial domicile for the required period at the time of filing for the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on abandonment, except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.
- The respondent spouse has physically or sexually abused the spouse seeking the dissolution of marriage, a child, a relative of either spouse permanently living in the matrimonial domicile or has committed domestic violence as defined in section 13-3601 or emotional abuse.
- The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for dissolution of marriage. A party may file a petition based on this ground by alleging that it is expected that the parties will be living separate and apart for the period. If the parties have not been separated for the required period at the time of the filing of the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on separation, except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.
- The spouses have been living separate and apart continuously without reconciliation for at least one year from the date the decree of legal separation was entered.
- The respondent spouse has habitually abused drugs or alcohol.
- The husband and wife both agree to a dissolution of marriage. As long as you fit within one of those categories, you can obtain a divorce in Arizona even if you have a covenant marriage. If you do not have a covenant marriage, as stated earlier, it is very easy to obtain a divorce. However, the more important and complicated aspect of a standard divorce in Arizona is how the court will divide assets and debts and whether spousal maintenance (alimony) will be ordered.
For more information on Getting Divorced In Arizona, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (602) 788-1395 today.
Serving Phoenix, Scottsdale, Mesa, Tempe, Paradise Valley, Glendale, Peoria, Surprise, and the Greater Phoenix, Arizona Metropolitan Area