Filing a Contested Divorce in Arizona

To file a contested divorce in Arizona, the complaint must allege that there is an "impediment rendering the marriage void." Additionally, the complainant must either have been domiciled in the state or was stationed in the state while in the military. Divorce cases are heard before the superior court which shall enter a decree of dissolution upon finding that the marriage is irretrievably broken.

25-301. Grounds

Superior courts may dissolve a marriage, and may adjudge a marriage to be null and void when the cause alleged constitutes an impediment rendering the marriage void.

25-311. Jurisdiction; form of petition; award of decree

A. The superior court is vested with original jurisdiction to hear and decide all matters arising pursuant to this chapter and pursuant to chapter 4, article 1 of this title.

25-312. Dissolution of marriage; findings necessary

The court shall enter a decree of dissolution of marriage if it finds each of the following:

1. That one of the parties, at the time the action was commenced, was domiciled in this state, or was stationed in this state while a member of the armed services, and that in either case the domicile or military presence has been maintained for ninety days prior to filing the petition for dissolution of marriage.

2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met.

3. The marriage is irretrievably broken or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-903.

4. To the extent it has jurisdiction to do so, the court has considered, approved and made provision for child custody, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of property.

25-316. Irretrievable breakdown; finding

A. If both of the parties by petition or otherwise state under oath or affirmation that the marriage is irretrievably broken or if one of the parties so states and the other does not deny it, the court shall make a finding as to whether or not the marriage is irretrievably broken.

B. If one of the parties denies under oath or affirmation that the marriage is irretrievably broken, the court shall hold a hearing to consider all relevant factors as to the prospect of reconciliation and shall do either of the following:

1. Make a finding as to whether or not the marriage is irretrievably broken.

2. Continue the matter for further hearing, not more than sixty days later. At the request of either party or on its own motion, the court may order a conciliation conference. At the next hearing the court shall make a finding as to whether or not the marriage is irretrievably broken.

C. A finding that the marriage is irretrievably broken is a determination that there is no reasonable prospect of reconciliation.

Talk to an Attorney

To file for a contested divorce in Arizona, you must be domiciled in the state or have been stationed there while in the military. Before the court will render a final judgment, it will need to find that the marriage is "irretrievably broken." Discuss your case with an attorney experienced with Arizona's divorce laws.

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