You may be preparing to file for divorce, and well-meaning people are asking you what reason you will tell the court. Is your spouse cheating on you or being abusive? What if you are simply unhappy in your marriage, without any clear implications of fault? Understandably, these questions could make you apprehensive about filing. You and other Arizona residents may find it helpful to understand how no-fault divorce works.
In the past, people had to cite a reason they wanted to end their marriages. For example, a wife might have claimed abandonment or adultery if her husband left her for another woman. A husband may have had to claim emotional or physical cruelty if his wife was abusive. Other valid divorce claims included impotency or imprisonment. Fortunately, you no longer have to come up with a specific reason to seek a divorce, as all states today recognize no-fault divorce, according to FindLaw.
Benefits of no-fault divorce
Most often, people will cite “irreconcilable differences” when filing for divorce, which is sufficient reason for any judge to grant a divorce, whether your spouse is cheating or both of you simply don’t get along. You may find it a relief to learn that you won’t have to air the dirty laundry of your marriage in front of the court when seeking your divorce. Also, your spouse will be unable to object to a no-fault claim.
It is also worth noting that there is a 60-day waiting period in Arizona before your divorce will be final. This might give you and your spouse a chance to reconcile and seek marital counseling if your differences are worth working through, or to prepare your case if there are property or child custody disputes. Since you need to be a resident to file for divorce in Arizona, this waiting period may give you time to establish residency if you are new to the state.