“Divorce” is the legal dissolution of a marriage. Each state has its own laws and guidelines regarding residency requirements, legal grounds for dissolution, and related issues such as spousal support and child support.
In Arizona, at least one party needs to be a resident for a minimum of 90 days before filing for dissolution of marriage. There is also a 60-day waiting period after the non-filing party has received formal notice of the proceedings, normally by acceptance of service, service by a process server, or service by certified mail, in very unusual cases-and by court approval-by publication.
Arizona is a no-fault dissolution state. The only requirement or grounds for dissolution is that either party must be of the opinion that the marriage is irretrievably broken without any reasonable prospect for reconciliation. Some persons in Arizona have married under the state’s covenant marriage statute. Arizona is one of only a few states in the country that recognize covenant marriages.
There are several specific acceptable grounds for a dissolution under our covenant marriage statute. Under covenant marriage, the marrying couple agree to obtain pre-marriage counseling and to limit their grounds for divorce. The grounds for dissolution under our covenant marriage statute follow:
- Commission of a felony and the resulting imprisonment
- Abandonment for at least one year
- Physical or sexual abuse
- Living separate and apart for at least two years
- Habitual drug or alcohol abuse
- The husband and wife both agree to the dissolution of the marriage
Arizona also recognizes legal separation. At least one party must be a resident of the state and both parties must agree to the legal separation, otherwise the court shall direct that the pleadings be amended to seek a dissolution of the marriage.
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The professionals at the Law office of Kent Lee, PC represent individuals throughout Peoria, Glendale and the surrounding communities of Maricopa County, Phoenix, Surprise, Anthem, Arrowhead, El Mirage, Avondale, Tolleson, Buckeye, Sun City, Sun City Grand, & Sun City West.
If you need legal representation pertaining to divorce or legal separation, the Law Office of Kent Lee, PC can help. Please feel free to call (623) 889-7760