NO FAULT DIVORCE

No Fault Divorce

Arizona recognizes “No Fault” Divorces. A No Fault Divorce simply means either spouse can file for dissolution of marriage (divorce) without a specific enumerated reason. Instead, one spouse must claim reconciliation is not an option due to “irreconcilable differences”.

The precise irreconcilable differences need not be specified. The Court will not ask for an explanation of what the differences are or involve. Thus is practice there is not actually a need or requirement to inform your spouse, the Court, or anyone of the exact reason or circumstances causing your divorce.

There is another consequence of a No Fault Divorce. The behavior of either spouse will not have an adverse or positive effect on distribution of property, child support or spousal maintenance. Thus, even if the divorce truly is the fault of one spouse, because they cheated, gambled excessively, or had some other annoying habit, that fault causing behavior will not affect the Court’s overall analysis. In other words, it doesn’t matter who caused the divorce.

There are more overlooked aspects of No Fault Divorce which can be fully explained by an Attorney.