Arizona’s No-Fault Divorce: It Doesn’t Matter If Your Spouse Cheated
A brief guide to understanding Arizona's no-fault divorce rules
No-Fault DivorceArizona is a no-fault divorce state. Unlike other states, you do not have to have a reason to get divorced in Arizona. Neither you nor your soon to be ex-spouse has to provide a reason for why a divorce should be granted. You do not have to prove adultery, abandonment, abuse, or any other such reason to be divorced in Arizona. There is no need to present testimony as to adultery, abandonment, or the like for the purpose of proving fault.
Your Marriage is Irretrievably BrokenArizona only requires that the court find that the marriage is "irretrievably broken." This means that there is no reasonable prospect of reconciliation. The court must find that it is highly unlikely that you and your spouse will get back together. Usually, both parties agree that the marriage is irretrievably broken, and there is no need for evidence or testimony as to this point at all.
There is One Exception to the RuleIn a no-fault divorce state like Arizona, there is still only one exception to the no-fault rule. If you and your spouse entered into what is known as a covenant marriage, then you must prove fault in order for the court to grant your divorce.
Covenant marriages are special religious marriages and are extremely rare. You would be well aware if your marriage was a covenant marriage. If you don't think you entered into a covenant marriage, chances are you didn't.