Divorce can feel like stepping into a storm with no guide. You might be asking: “Can I end a marriage without proving my spouse did anything wrong?” Or, “What if we signed special marriage documents?”
At Nye Family Law, we see firsthand how confusion about “grounds for divorce” creates delay, bitterness, and unnecessary conflict. That is why, in this article, we provide clear, factual answers to the question: What are the grounds for divorce in Arizona?
We explain what you must show, or what you do not need to show, and how those rules can affect your case. If you are looking for a divorce lawyer in Mesa, this guide will help you understand the legal foundation before you speak with us.
Arizona’s Default: No-Fault Divorce (Irretrievable Breakdown)
Most divorces in Arizona are filed under no-fault grounds, which means you do not have to prove misconduct or blame your spouse. The only ground you need to assert is that the marriage is irretrievably broken (sometimes phrased as “irreconcilable differences”).
What Does “Irretrievably Broken” Mean?
- You or your spouse claims that the marriage cannot be saved.
- If the other party does not contest the claim, the court will usually accept it.
- If one spouse contests, the court may schedule a hearing to determine whether there is any reasonable chance of reconciliation.
- Arizona law does not require evidence of adultery, abuse, or other misconduct for a no-fault divorce.
The no-fault path is intended to reduce conflict. By removing the need for accusations, many of the emotional and procedural battles can be avoided.
When Fault Matters: Covenant Marriages and Their Unique Rules
While ordinary marriages in Arizona rely on no-fault grounds, Arizona also allows a more restrictive option called a covenant marriage. This is a less common but more binding commitment.
What Is a Covenant Marriage?
- Before the marriage, the couple must attend premarital counseling and sign an agreement that they accept a lifelong commitment and additional limitations on divorce.
- At the time of divorce, the filing spouse must show one of the limited fault-based grounds specified in the law.
Valid Grounds Under Covenant Marriage
If you and your spouse entered into a covenant marriage, you may only obtain a divorce for specific reasons, such as:
- Adultery
- Imprisonment or a serious felony conviction
- Abandonment
- Physical or sexual abuse, or domestic violence
- Substance abuse or habitual drug or alcohol use
- Living apart under certain time conditions
- Emotional abuse under some statutes
- Mutual consent in limited circumstances
Because these requirements are stricter, if you have a covenant marriage, consult with a Mesa, AZ divorce attorney early to understand whether your reasons will qualify.
Residency and Timing Requirements in Arizona
No matter which grounds apply, you must satisfy other statutory requirements before the court will hear your case.
Residency Requirement
To file for divorce in Arizona:
- You or your spouse must have been a resident of Arizona for at least 90 days before filing.
- For military personnel, being stationed in Arizona for 90 days may satisfy the residency rule.
Waiting Period (Minimum Time Before Finalization)
- After filing and service of divorce papers, Arizona requires a 60-day waiting period before a judge can sign the final decree.
- This minimum is most often seen in uncontested cases where both spouses agree. If disputes remain, the process takes longer.
Why Grounds Matter: Strategic Impacts on Your Case
Although no-fault grounds are enough in most Arizona divorces, choosing your path can influence the dynamics of your case in several ways. Here is how:
Asset Division and Spousal Support
Arizona is a community property state. That means assets and debts acquired during the marriage are typically divided equally.
- In no-fault divorces, the court focuses on fairness rather than blame.
- In covenant marriage cases, evidence of abuse or misconduct could influence how the court allocates property or awards spousal maintenance.
Child Custody and Parenting Time
Courts in Arizona prioritize the best interests of the child above all. Facts such as abuse, substance use, or abandonment (which might be raised under fault grounds in covenant marriage cases) can play a role in custody decisions.
Emotional and Procedural Complexity
Filing under fault grounds, particularly in covenant marriages, can lead to more contentious litigation, prolonged battles, and increased costs and delays. In many cases, couples prefer the smoother, less adversarial process under no-fault grounds.
Steps to File a Divorce: What You Need to Do
Understanding the grounds is just the start. Here is how to begin the legal process in Maricopa County (which includes Mesa, AZ):
- File a Petition for Dissolution of Marriage: You will state whether you are pursuing a no-fault divorce or, if applicable, a covenant marriage termination.
- Serve the Petition on Your Spouse: The respondent must receive legal notice to allow them to respond. If the spouse does not respond in a timely manner, a default judgment may be possible.
- Response or Agreement: If your spouse agrees, you can move forward with an uncontested divorce. If contested, you may enter negotiations, mediation, or litigation.
- Complete Financial Disclosures and Exchange of Evidence: Complete transparency in finances is required, particularly regarding property, debts, and financial support.
- Wait the Mandatory 60-Day Period: The court cannot finalize the divorce until at least 60 days have passed.
- Final Hearing or Stipulated Decree: If all parties agree on the terms, the court may approve a stipulated decree. If not, a hearing may resolve the contested matters.
Maricopa County’s family courts aim to rule on stipulated decrees within 21 days of lodging.
Why You Need a Skilled Divorce Lawyer in Mesa
Navigating these rules is not just a matter of filling out forms. Strategic decisions about which path to choose and how to present your case can have lifelong implications for your finances, your children, and your peace of mind.
As your trusted divorce lawyer in Mesa, we at Nye Family Law provide:
- Knowledge of Arizona’s divorce statutes and local court practices
- Personalized strategies that align with your goals
- Clear guidance on whether your case is no-fault or involves covenant marriage concerns
- Advocacy to protect your rights in property division, support, and parenting
We are more than legal advisors; we are people-first advocates. We strive to reduce conflict, find solutions that preserve dignity, and guide families through challenging transitions.
If you are researching a family law attorney in Mesa, Arizona, reach out to us. We offer an initial consultation to explore how your circumstances align with Arizona’s grounds for divorce and to determine the best course of action.
Protect Your Rights With a Mesa Divorce Attorney
The legal framework for divorce in Arizona may seem complex, but understanding which grounds apply gives you clarity and control. Whether your marriage is irretrievably broken or bound by covenant rules, your path forward depends on knowing your rights.
As your local team, we stand ready to walk that path with you. If you are prepared to explore your options, schedule a call with our Mesa, AZ divorce attorney today.
You do not have to face this journey alone. We can help you navigate the grounds, the process, and the path ahead.
