Must You List Grounds for Divorce in Arizona?

grounds for divorce in arizona

Must You List Grounds for Divorce in Arizona?

People learn about what they know about divorce from watching television. They think that if they can prove their spouse cheated on them, they’ll get a better divorce settlement. The truth is that it really doesn’t matter if either party cheated. Years ago, you did have to list grounds for your divorce. One of the grounds for divorce in just about every state is irreconcilable differences. It got to the point where almost everybody who filed for divorce listed this as their grounds for divorce. Finally, most states just decided to become no-fault divorce states. That’s why divorce attorneys in Arizona tend to list irretrievable breakdown as the grounds for their client’s divorce.

In Arizona, instead of using the term “irreconcilable differences”, they use the term “irretrievable breakdown.” It essentially means the same thing. It means that the person filing for divorce certifies that their marriage is beyond repair. The court has to know that neither party is asking for a divorce out of the heat of passion. Just because the courts don’t require specific grounds for divorce doesn’t mean you aren’t allowed to list one.

What are the Legal Requirements for Divorce in Arizona?

In Arizona, the requirements for divorce are not very strict. Thery are similar to most other states. One of the requirements is that you be a resident of Arizona. You have to live in Arizona for at least ninety (90) days before you file for divorce. After filing for divorce, you have to wait at least sixty (60) days before you take any further action. This gives your spouse a chance to respond to your divorce complaint. If both you and your spouse agree to the terms of divorce, you can ask the court for a divorce hearing rather quickly. However, if the two of you can’t agree on certain terms, you may need to go through a trial. This is very rare. Divorce attorneys in Arizona understand how important it is that they settle your divorce matter. Trials are expensive and very time consuming.

What Does the Court Mean by Irretrievable Breakdown?

The most common grounds for divorce in Arizona are that your divorce has suffered an irretrievable breakdown. This essentially means that your marriage has reached the point where it cannot be salvaged. Your divorce attorney in Arizona does not have to submit a lot of evidence to prove this. For example, you don’t need to prove that you attended marriage counseling. Nor do you have to prove that there were any specific instances of unfaithfulness or abuse. As long as you certify that your marriage cannot be saved, the court will usually accept it as grounds for divorce.

There are Other Grounds for Divorce that Divorce Attorneys in Arizona Can Cite

As mentioned above, there is no reason to cite any specific grounds for your divorce in Arizona. However, your divorce attorney in Arizona will do what you want them to do. If you are insistent on letting the court know that your spouse has cheated on you, then you have the right to do that. Some of the more specific grounds for divorce include the following:

  • Adultery
  • Being accused of a felony
  • Sexual abuse
  • Abandonment of at least one (1) year
  • Consent
  • Drug or alcohol abuse
  • Separation of more than two (2) years

Again, you don’t need to rely on any of these in your divorce complaint. It is your choice.

Call and Talk to an Experienced Divorce Attorney in Arizona Today

Once you’ve decided you want to file for divorce, you need to make a few decisions. One of these decisions is whether or not you want to hire a divorce attorney in Arizona. There is no requirement that you do this. You are certainly allowed to handle your divorce yourself. However, given the specific filing rules, it may be in your best interest to hire an experienced divorce lawyer.

You also want to think about whether you want to let your spouse know you’re filing for divorce. The last thing you want is for them to be blindsided. Not only is this a bit mean and unfair, but it doesn’t lay the groundwork for a cooperative divorce. Finally, you need to think about whether you want to list any specific grounds for divorce. There is no need to do this and it doesn’t necessary help your case to do this.

What you should do is call and talk to an experienced divorce attorney in Arizona.