Grounds for Divorce in Arizona

Arizona is a no-fault divorce state — you do not need to prove adultery, abandonment, or any other marital misconduct to file. The only ground required for the vast majority of divorces is a sworn statement that the marriage is "irretrievably broken," meaning there is no reasonable prospect of reconciliation. Your spouse cannot block the divorce by disagreeing with this assertion.

This is the simplest part of an Arizona divorce filing, but there is one important exception that catches people off guard.

No-Fault Divorce (Standard Marriages)

Under A.R.S. Section 25-312, the petitioner states under oath in the Petition for Dissolution that the marriage is irretrievably broken. That is the only ground needed. The court does not ask why the marriage failed, who is at fault, or whether the other spouse agrees.

No-fault means:

• Adultery is not a ground you need to prove (and it does not affect property division — Arizona divides community property equally regardless of misconduct)
• Abandonment is not a filing requirement
• Your spouse's refusal to "agree" to the divorce does not prevent it — once one spouse files, the dissolution will proceed
• The only question is whether the marriage can be saved, and the petitioner's sworn statement resolves that

Covenant Marriage: The Exception

Arizona is one of only three states (along with Louisiana and Arkansas) that offers a "covenant marriage" — a distinct legal status entered into voluntarily at the time of marriage. Covenant marriages require pre-marital counseling and a signed Declaration of Intent, and they carry significantly stricter rules for dissolution.

If you entered a covenant marriage under A.R.S. Section 25-901, you cannot file on no-fault grounds alone. You must prove at least one of the following fault-based grounds under A.R.S. Section 25-903:

• Adultery by the other spouse
• Felony conviction resulting in imprisonment or a death sentence
• Physical or sexual abuse of the petitioner, a child, or a relative living in the household
• Abandonment for at least one year (the other spouse left and refuses to return)
• Living separately and apart continuously without reconciliation for at least two years
• Habitual abuse of drugs or alcohol
• Both spouses agree to dissolve the covenant marriage

Alternatively, you can file for legal separation first (which has its own set of grounds under covenant marriage rules) and then convert the separation to dissolution after one year.

How to Know If You Have a Covenant Marriage

Covenant marriages are rare — they represent a small fraction of Arizona marriages. You have a covenant marriage only if:

1. You and your spouse both signed a Declaration of Intent before a notary at the time of your marriage
2. You completed pre-marital counseling with a clergy member or marriage counselor before the wedding
3. Your marriage license specifically designates the marriage as a covenant marriage

If you got married in a standard ceremony without signing a covenant declaration, you have a standard marriage and can file on no-fault grounds.

Marital Misconduct and Property Division

While fault does not affect whether you can get divorced, one form of misconduct does affect property division. Under A.R.S. Section 25-318(C), if one spouse engaged in "community waste" — spending community assets on gambling, substance abuse, or an extramarital affair — the court can award the other spouse a larger share of the remaining assets to compensate. But this applies to property division, not to the grounds for filing.

The Arizona Divorce Filing Process Guide includes a covenant marriage identification checklist and walks you through the correct filing path based on your marriage type.

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