Arizona "No Fault" Divorce
Many people often ask what an Arizona "No Fault" Divorce really means. In simple terms, it means that in Arizona any husand or wife, despite what the other spouse may want, can get divorced without the other agreeing that the marriage should be disolved.
The Arizona divorce statute requires that there must be an "irretrievable breakdown" of the marriage for the court to be able grant a divorce, or as it is technically called, a dissolution of marriage.
If either a husband or wife by petition under oath state that the marriage is irretrievably broken or if one of them so states and the other does not deny it, the court will make a finding as to whether or not the marriage is irretrievably broken. If either the husband or wife denies under oath that the marriage is irretrievably broken, the court will conduct a hearing to consider whether reconciliation is possible and will also (1) make a finding as to whether or not the marriage is irretrievably broken, and (2) stay the divorce proceeding for not more than sixty days. At the request of either party or on its own motion, the court may also send the husband and wife a conciliation conference.
There are other possible strategic reasons why a husband or wife may want to ask for a concilliation conference other than to stay the court's determination as to whether the marriage can be reconcilled. For further information on this and other issues relating to Arizona divorce cases, contact Nirenstein Garnice Soderquist PLC.
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