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Arizona Legal Requirements for Divorce
Explanation of Chart and More Information on Requirements for Divorce
| Code Section | Uniform Marriage and Divorce Act §§25-311 et seq. |
| Residency Requirements | One party must be Arizona domiciliary and presence has been maintained 90 days prior to filing for divorce. |
| Waiting Period | If one party denies that marriage is irretrievably broken, court may order conciliation conference and matter is continued for 60 days; at next hearing, court makes finding whether marriage is broken as a result of "no reasonable prospect of reconciliation." 25-316 |
| 'No Fault' Grounds for Divorce | Irretrievable breakdown; separation (both parties must consent and relationship must be irretrievably broken). |
| Defenses to a Divorce Filing | Only defense is that marriage is not irretrievably broken. |
| Other Grounds for Divorce | Only requirement is that relationship is irretrievably broken and the court has made provisions for child custody, support, disposition of property, and support of spouse. Covenant marriage: adultery, conviction of felony, abandonment for one year; sexual abuse; living apart for 2 yrs., or 1 yr. after legal separation; drug/alcohol abuse; both spouses agree |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
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