What Is a No-Fault Divorce?

When a marriage ends, properly understanding the legal pathways from separation to final divorce can make an emotionally challenging process less overwhelming. The leading divorce attorneys in Goodyear, AZ, with Lincoln & Wenk provide the following discussion of one of the lower stress and less expensive ways to handle the process.

We want every reader who has wondered, “What is no-fault divorce?” to know more about its legal history, the specific process and rules that apply in Arizona, and how an experienced and skilled attorney supports clients at each step.

Defining No-Fault Divorce

A no-fault divorce is a type of marital dissolution that doesn’t require either spouse to prove wrongdoing. Instead, couples must only assert that the marriage is irretrievably broken, most commonly due to irreconcilable differences. The law has developed this approach to divorce to reduce conflict, shorten litigation, conserve marital funds, and protect the privacy of both parties.

Historically, divorces were always fault-based. The law required at least one spouse to prove legal grounds such as infidelity, abandonment, or cruelty. By their nature, these cases often involved adversarial litigation that required couples to air personal grievances in open court. Changes in the law over time provided a procedure designed to focus on fair, equitable solutions rather than assigning legal blame.

The History of No-Fault Divorce in the U.S.

No-fault divorce has fundamentally transformed family law in the United States in the last century.

In 1970, California became the first state to pass no-fault divorce legislation with the Family Law Act. This revolutionary change in the law determined that fault-based divorces unnecessarily exacerbated disputes. The law also found that fault-based divorces incentivized dishonesty, as spouses often fabricated evidence to meet the often difficult legal threshold for divorce.

Within a few decades, every American state adopted some form of no-fault divorce. While some states still recognize fault-based grounds for divorce, the availability of no-fault divorce has simplified the process, which now makes up the large majority of divorce cases.

No-Fault Divorce in Arizona

What is no-fault divorce in Arizona? In our state, couples can dissolve their marriage without alleging or proving marital misconduct or fault.

The leading requirement is for one spouse to assert that the marriage is irretrievably broken with no reasonable chance of reconciliation. Arizona Revised Statutes § 25-312 covers the requirements and governs divorce proceedings in the state.

These are some of the key features of Arizona’s no-fault divorce law:

• Residency requirement. At least one spouse must have lived in Arizona for at least 90 days before filing.

• Irretrievable breakdown. The petitioner must declare that the parties cannot salvage the marriage.

• Cooling-off period. After the petition is served, a 60-day waiting period begins, giving both parties time to reflect or reconcile.

• Service of petition. The petitioner must provide notice by serving the divorce documents to the other spouse to formally initiate the legal process.

Special Considerations for Covenant Marriages in Arizona

Arizona recognizes covenant marriages, a distinct type of marriage governed by stricter requirements under state law as found in Arizona Revised Statutes §§ 25-901 to 25-906. This statutory framework reflects an intention to promote stronger marital commitments and restrict divorce to serious circumstances where reconciliation is not feasible.

Couples entering a covenant marriage must undergo premarital counseling and agree to limit their ability to seek divorce. Unlike standard marriages, no-fault divorce is not available for covenant marriages. To obtain a divorce, one spouse must prove specific grounds such as adultery, abuse, abandonment, imprisonment, or substance abuse.

The No-Fault Divorce Process in Arizona

Returning to the specific question, “What is no-fault divorce?” these are the procedural requirements divorcing couples must address in Arizona.

1. Filing the Petition

The process begins with filing a petition for dissolution of marriage in the county where the petitioner resides. This initial court document outlines the basic details of the marriage, including requests for property division, child custody, and spousal support.

2. Serving the Respondent

To begin the case, the petitioner must formally serve the divorce papers to the respondent, accomplished through a process server, sheriff, or certified mail with signed acknowledgment by receipt.

3. Responding to the Petition

The respondent has 20 days — increased to 30 days if served outside Arizona — to file a formal response with the court. If they fail to properly respond, the court may issue a default judgment. If they file a formal response contesting the proposed terms laid out in the petition, the case becomes a contested divorce.

4. Mediation and Negotiation

Arizona courts encourage mediation and negotiation to resolve disputes without expensive and protracted litigation. This approach helps mitigate the costs and stress of divorce litigation while fostering cooperation between the parties.

5. Court Proceedings

If mediation fails, the case proceeds to court hearings. A judge will receive testimony and hear arguments in order to make rulings on unresolved issues such as property division, spousal support, and parenting plans.

6. Final Decree of Dissolution

When the parties resolve all issues either by agreement or order of the court, the court will issue a final decree, officially ending the marriage and outlining the binding legal terms of the settlement.

Benefits of No-Fault Divorce

What is no-fault divorce in Arizona? The process offers several advantages over fault-based proceedings:

• Reduced conflict. By eliminating blame from the equation, couples can focus on finding mutually acceptable solutions — especially beneficial for families with children.

• Privacy. Sensitive personal details aren’t litigated in court and in public documents, protecting both spouses’ reputations and their children.

• Efficiency and lowered costs. No-fault divorces tend to be faster and less expensive than fault-based proceedings.

• Emotional closure. Without the need to prove wrongdoing, couples can move on with their lives with more substantial peace of mind.

Preparing for a No-Fault Divorce

Proper preparation can make the divorce process smoother and more efficient. Here are essential steps to consider:

Organize Financial Records

Compile tax returns, bank statements, loan agreements, and property deeds. Clear financial documentation ensures a fair division of assets and protection of your interests.

Draft a Parenting Plan

If there are minor children born into your marriage, create a detailed parenting plan that addresses the division of parenting time, goals for support, and decision-making responsibilities.

Seek Mediation

Mediation at any stage of the divorce process can help resolve disputes amicably, reducing the time and cost associated with litigation by streamlining the path to an agreed final decree.

Budget for Post-Divorce Life

Anticipate changes in income and expenses to create a realistic post-divorce budget.

Consult a Divorce Attorney

An experienced attorney will guide you through the process to ensure that your rights are properly protected and your interests are effectively represented in court as necessary.

Common Challenges in No-Fault Divorce

Understanding the question, “What is no-fault divorce?” must also deal with the challenges that remain present in any type of marital dissolution proceeding. If you haven’t already done so, prepare to address possible:

• Disagreements over property division. Even in no-fault cases, disputes over dividing assets and liabilities can lead to litigation and delays.

• Parenting plan disputes. Deciding on parenting plans and child support is often contentious.

• Spousal support claims. Determining fair alimony arrangements often requires advanced legal negotiation or court intervention.

Working with a skilled divorce attorney will certainly help you address these challenges proactively with an end goal of achieving a fair resolution.

The Role of a Divorce Attorney

A skilled divorce attorney should be involved in each phase of the no-fault divorce process. They provide legal assistance and critical support to help you achieve a fair and efficient resolution.

Some of the key functions of an Arizona divorce attorney include:

• Explaining legal rights and obligations. Clarity is essential for making informed decisions about your future.

• Drafting and filing legal documents. Attorneys prepare and review all required documents, ensuring compliance with Arizona’s procedural requirements.

• Negotiating settlements. Attorneys act as advocates during negotiations — zealously working to protect your position,

• Providing emotional support. An experienced attorney offers objective guidance, helping you stay focused on your goals.

• Representing clients in court. If court hearings are necessary, your attorney provides strong representation, presenting your case effectively to the court.

It’s important to consult with an experienced attorney early in the process. An attorney’s counsel will ensure you approach the situation strategically to avoid costly mistakes and help lay the groundwork for a smoother, faster, and less expensive resolution.

Contact the Experienced Divorce Attorneys with Lincoln & Wenk to Discuss No-Fault Divorce in Arizona

Now that we’ve discussed the core answers to “What is no-fault divorce?” you may have specific questions about your personal situation. The compassionate and experienced team at Lincoln & Wenk, PLLC, will be glad to schedule a confidential consultation at your convenience to handle your questions and discuss your options for moving forward.

We invite you to review our blog for posts on other relevant topics, including the reasons why married couples separate.

With offices in Phoenix, Peoria, and Goodyear, we can help you take the first step toward a brighter future. Contact us online or call (623) 294-2464 to schedule a consultation.