A.R.S. § 25-312
A.R.S. § 25-312 — Dissolution of Marriage
A.R.S. § 25-312 lists what an Arizona court must find before it can dissolve a marriage. It is a short statute that answers the questions people actually ask at the start of a divorce: who can file here, what has to be proven, and whether the other spouse can refuse.
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What the court must find
- That one spouse was domiciled in Arizona — or stationed here as a member of the armed services — for at least 90 days before filing
- That the conciliation requirements either do not apply or have been met
- That the marriage is irretrievably broken — or, in a covenant marriage, that the specific statutory grounds exist
- That to the extent it has jurisdiction, the court has considered and made provision for custody, support, maintenance, and the disposition of property
“Irretrievably broken” is Arizona’s no-fault standard: no misconduct needs to be proven, and one spouse’s testimony that the marriage cannot be saved is effectively sufficient. A spouse cannot prevent a dissolution by refusing to participate — the case proceeds, and default is available against a spouse who ignores it.
Covenant marriage — the exception
Couples who chose a covenant marriage at the wedding or by later conversion are the one exception to no-fault: dissolution requires proof of specific grounds — adultery, felony conviction, abandonment, abuse, two years living apart, and others listed in § 25-903. Covenant marriages are rare, and most people in one know it; if you are unsure, your marriage license will say.
What happens after filing
The findings above are the doorway; the case itself is about what the decree must resolve — legal decision-making and parenting time, child support, spousal maintenance, and the division of community property. The court cannot enter the decree until 60 days after service, and spouses who agree on everything can finish by consent decree. The full picture is on our divorce page.
Common questions
Can my spouse refuse to give me a divorce in Arizona?
No. Arizona is a no-fault state — the court needs only to find the marriage irretrievably broken, and one spouse’s position establishes that. A non-participating spouse can be defaulted.
Do I qualify to file in Arizona?
If you or your spouse has been domiciled in Arizona for at least 90 days before filing — with military members stationed here counted — the residency requirement is met.
Does it matter who files first?
Legally little: Arizona has no advantage for the petitioner on the merits. Practically, filing first sets the timeline, the county, and the moment temporary orders become available — which can matter when housing, children, or finances are unstable.
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