A no-fault state is a state in which you may file for, and be granted,
a divorce without alleging or proving any kind of marital misconduct.
In other words, you can get a divorce simply because you no longer want
to be married (as long as you don’t have a covenant marriage).
In Arizona all that is required is that the court must make a legal finding
that the marriage is “irretrievably broken” to complete the
divorce. A finding that the marriage is irretrievably broken is a determination
that there is no reasonable prospect of reconciliation (meaning that under
the law there is no reason to believe the parties might get back together).
What surprises many is that the court may make the “irretrievably
broken” finding even if only one party says the marriage is irretrievably
broken and the other party says it is not. Both parties do not have to
agree, if one party wants a divorce, ultimately, it will be granted.
If your spouse files for divorce and you do not agree that your marriage
is “irretrievably broken” (meaning you do not want a divorce),
you may file a Petition for Conciliation.
Once the Petition for Conciliation has been accepted neither party can
file for divorce or legal separation for a period of 60 days. If an action
was filed before the acceptance of the Petition for Conciliation the case
may not move forward until the 60 day “cooling off” period expires.
Conciliation Court Services provides a brief conference to assist the parties
in making an informed and thoughtful decision regarding their marital
relationship. If the parties indicate an interest in trying to save their
marriage they may be referred to community-based services for further
Ultimately, the divorce proceeding will continue if Conciliation Services
and/or community-based services does not result in both parties agreeing
to remain married.
If you would like more information or if you would like to work with one
of our experienced Attorneys, please call
OWENS & PERKINS at
480.994.8824 to schedule your free 30 minute consultation.