Arizona is a no fault divorce state – – in other words, the courts are not interested in knowing why a party no longer wants to be married to his or her spouse. The Court simply wants to know if the marriage is irretrievably broken without reasonable prospect of reconciliation. As long as one party states under oath that he or she no longer wants to be married to the other party, the Court will dissolve the marriage.
The law requires that a party know that in Maricopa County there exists a Conciliation Court which provides free marriage counseling to anyone who wants to use it. One does not have to use the marriage counseling services provided, but if it is asked for by one party, it will delay the proceedings by approximately sixty days.
Legal separation will end the marital community and address the same issues which are addressed in a divorce action including legal decision-making, parenting time, child support, spousal support, property division, debt division, and attorney’s fees, but at the conclusion of the proceedings the parties remain married. If one party objects to the legal separation and demands a divorce, the Court will grant a divorce.
An annulment may be granted under limited circumstances. When an annulment is granted, the Court, in essence, declares the marriage to be null and void. Among the legal bases for granting an annulment are fraud, which goes to the basis of the marriage, undissolved prior marriage, absence of mental capacity, absence of physical capacity, close blood relationship, concealment of prior marital status, and duress. Contact your Divorce Lawyer in Phoenix, AZ, Levine Law Group, for more information.