Grounds for Divorce in Arizona: No-Fault, Fault and Separation Requirements
Arizona has one ground for divorce in an ordinary marriage: the marriage is irretrievably broken, with no separation period, and the only defense is that it is not. Covenant marriages have their own fault and separation grounds.
What are the grounds for divorce in Arizona?
For an ordinary marriage there is one: the marriage is irretrievably broken. If both spouses state that under oath, or one states it and the other does not deny it, the court makes the finding; a finding means there is no reasonable prospect of reconciliation (A.R.S. 25-312(A)(3), (B), (D)). The petition must allege it, and the only defense is that the marriage is not irretrievably broken (25-314(A), (C)).
Does Arizona require a separation period?
Not for an ordinary marriage. The ground is irretrievable breakdown, with no separation period. The separation grounds appear only in the covenant marriage statute below.
What is a covenant marriage?
A marriage the spouses entered under Arizona’s covenant marriage chapter. The court may not enter a decree of dissolution of a covenant marriage unless it finds one of the grounds in A.R.S. 25-903.
| Ground | Item | What the statute requires |
|---|---|---|
| Adultery | 1 | The respondent spouse has committed adultery |
| Felony | 2 | A felony with a sentence of death or imprisonment |
| Abandonment | 3 | Abandoned the matrimonial domicile for at least one year before filing and refuses to return |
| Abuse | 4 | Physical or sexual abuse of the spouse, a child or a relative living in the home, domestic violence or emotional abuse |
| Separation | 5 | Living separate and apart continuously for at least two years before filing |
| After legal separation | 6 | Separate and apart for at least one year from the date of a legal separation decree |
| Drugs or alcohol | 7 | Habitual abuse of drugs or alcohol |
| Agreement | 8 | Both spouses agree to the dissolution |
Do the covenant grounds have waiting periods?
Two do. For abandonment the petition can be filed on an expected period and the action is stayed for the time remaining; for the two-year separation ground the same stay applies if the period is not yet complete (25-903(3), (5)). Both spouses agreeing to the dissolution is itself a ground.
Does fault matter to the property division in Arizona?
Not as a rule. The court divides the community equitably without regard to marital misconduct, but may consider damages and judgments from conduct that led to a criminal conviction in which the other spouse or a child was the victim, and excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community property (25-318(A), (C)). See the Arizona property division calculator.
Does fault matter to spousal maintenance?
Maintenance has its own statute and guidelines, covered by the Arizona alimony calculator. The grounds for the divorce do not change the 60-day wait: the Arizona divorce timeline calculator gives the same dates for every ground.
Can an Arizona spouse stop a divorce by refusing to agree?
Not by refusing alone. If a spouse denies under oath that the marriage is irretrievably broken, the court holds a hearing on the prospect of reconciliation and then either makes a finding or continues the matter for not more than 60 days, after which it makes the finding (25-312(C)). The uncontested versus contested divorce in Arizona post explains the steps.
What if the spouses already live apart?
Living apart is not required for an ordinary dissolution. The petition may allege that one or both parties desire to live separate and apart, along with the irretrievable breakdown (25-314(A)).
Frequently asked questions
What are the grounds for divorce in Arizona?
For an ordinary marriage, one ground: the marriage is irretrievably broken.
Is there a separation requirement for divorce in Arizona?
No, not for an ordinary marriage. Covenant marriage has its own grounds, including separation periods.
What is the only defense to an Arizona divorce petition?
That the marriage is not irretrievably broken.
Does adultery matter in an Arizona divorce?
It is a ground only for a covenant marriage; for an ordinary marriage fault does not change the equitable division.
Is the Arizona 60-day wait different for covenant marriage?
No. The 60-day wait after service applies to every dissolution.
Official sources
- A.R.S. 25-312: dissolution of marriage; findings necessary
- A.R.S. 25-329: waiting period
- A.R.S. 25-314: pleadings; defense
- A.R.S. 25-352: domestic relations education
- A.R.S. 25-325: decree; finality
- A.R.S. 25-317: separation agreement; effect
- A.R.S. 25-903: dissolution of a covenant marriage; grounds
- A.R.S. 25-318: disposition of property
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Arizona statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Arizona attorney.