Arizona is a no-fault divorce state. This means that no grounds for divorce (such as adultery, mental cruelty or irreconcilable differences ) are needed or alleged. Instead, the petitioning spouse alleges that the marriage is irretrievably broken and that there is no reasonable prospect for reconciliation.
There is no defense to a Petition for Dissolution of Marriage. One spouse cannot prevent the other spouse from ending the marriage.
If a spouse wants to try and reconcile the marriage, a Petition for Conciliation can be filed which results in both spouses being ordered to attend at least one (1) mandatory free marriage counseling session with the Family Court of Conciliation. If one (1) spouse still wants to end the marriage, the case will proceed and the marriage counseling will end.
A divorce action is initiated by one of the spouses filing a Petition for Dissolution of Marriage. The other spouse files a Response to the Petition for Dissolution of Marriage within the required time frame to avoid a Default Judgment.
A divorce deals with the following issues:
*Equitable Division of Joint and Community Property
*Equitable Allocation of Joint and Community Debts
*Attorney’s Fees and Costs
A dissolution of marriage ends the marriage, and either party is thereafter free to remarry.