Divorce

You can be granted a divorce in Arizona if the judge determines that the marriage is irretrievably broken, in other words, impossible to fix. If both parties agree that the marriage is irretrievably broken, or if one of the parties claims this and the other spouse does not deny it, the judge will determine whether the marriage is irretrievably broken. However, if one of the parties denies that that the marriage is irretrievably broken, the judge will hold a hearing to consider all relevant factors as to whether or not there is a possibility for the couple to get back together (reconcile). After the hearing, the judge will either:

• determine whether the marriage is irretrievably broken; or
• continue the case for up to sixty days for a further hearing during which time the judge can order a “conciliation conference.” Then, at the next hearing, the judge will make a final decision as to whether the marriage is irretrievably broken.¹

If you and your spouse have entered into a covenant marriage, the judge can only grant you a divorce for certain reasons. (If you entered into a covenant marriage, you would have indicated this on your application for a marriage license, completed required premarital counseling, and filed certain paperwork.)² The judge can grant a divorce from a covenant marriage if:

• your spouse commits adultery;
• your spouse is convicted of a felony and is sentenced to death or imprisonment;
• your spouse left (abandoned) the shared home and refuses to return for a period of at least one year, although it’s possible to file before one year if you expect your spouse not to return within the year;
• your spouse has physically or sexually abused you, a child, or a relative that is living in the marital home;
• your spouse has committed domestic violence or emotional abuse;
• you and your spouse have been living separately continuously without reconciling for at least two years before filing;
• you and your spouse have been living separately continuously for at least one year from the date that your legal separation was issued if you received one;
• your spouse habitually abuses drugs or alcohol; or
• you and your spouse both agree to the divorce.³

¹ A.R.S. § 25-312(A)(3), (B), (C)
² A.R.S. § 25-901
³ A.R.S. §§ 25-312(A)(4); 25-903