The Future of Arizona's No-Fault Divorce Is At Risk
- Attorney Nisa Ford
- Feb 18
- 3 min read
By Nisa Ford, Esq.
February 18, 2025
Recent political developments have raised concerns about the future of no-fault divorce laws in the United States. Notably, Vice President JD Vance has expressed opposition to no-fault divorce, suggesting a potential shift in federal support for these laws. Additionally, conservative lawmakers in states like Texas and Louisiana have proposed legislation to restrict or eliminate no-fault divorce options.
History of Divorce in Arizona
Arizona adopted no-fault divorce laws in 1973, allowing couples to dissolve their marriage by stating that the relationship is "irretrievably broken" without needing to prove fault.
However, prior to 1973, a spouse seeking a divorce had to prove that the other party was at fault for the marriage's breakdown.
Acceptable grounds for divorce included:
Adultery
Abandonment
Cruelty (physical or mental abuse)
Substance Abuse
Felony Conviction
If a spouse couldn't provide sufficient evidence of fault, the divorce could be denied, forcing couples to remain legally married despite their personal circumstances. The shift to no-fault divorce removed these barriers, making the process more accessible and reducing the emotional and financial strain on families.
Current No-Fault Divorce Law Is in Jeopardy
Right now in Arizona, either spouse to dissolve the marriage without proving wrongdoing, citing an "irretrievably broken" relationship as sufficient grounds. However, with the growing movement against no-fault divorce, there's a possibility that Arizona's laws could face challenges or revisions in the future. This is why no-fault divorce is at risk in Arizona.
Why Is No-Fault Divorce Such a Big Deal?
No-fault divorce is a really big deal. Imagine that you and your spouse have grown apart over the years, no longer sharing the same values, interests, or emotional connection. Under Arizona’s current no-fault divorce laws, either of you can file for divorce simply by stating that the marriage is "irretrievably broken." However, if Arizona were to revert to pre-1973 laws, you would be forced to stay married unless either of you could prove wrongdoing by the other. Without evidence of abuse, infidelity, or abandonment, you would be trapped in an unhappy and unfulfilling marriage, unable to move forward with your life.
Consider another situation where you feel emotionally neglected but your spouse has not engaged in any legally recognized misconduct. Perhaps one of you is indifferent, distant, and disengaged, refusing to communicate or participate in the relationship. Today, you could file for a no-fault divorce and move on. However, under older fault-based laws, emotional neglect alone would likely not qualify as a legal reason for divorce. Unless you could prove extreme cruelty or another fault-based ground, you could be denied the right to end your marriage.
Now, what if you're a financially dependent spouse and you realize that your marriage is no longer working. You'd probably fear filing for divorce because if you are unsuccessfully able to prove fault, you'd be stuck in the marriage, but maybe with unthinkable consequences of the failed attempt.
Under no-fault divorce, you can quietly and efficiently end the marriage without having to say anything bad about your marriage or your spouse. If Arizona’s laws reverted to pre-1973 standards, you might be forced into an expensive and contentious court process, struggling to provide evidence of wrongdoing while possibly facing retaliation from your spouse. In many cases, people who want to leave unhealthy marriages would have their freedom stripped away, reinforcing cycles of emotional and financial dependency.
Let Us Help
Given this climate, individuals contemplating divorce in Arizona might consider initiating the process sooner rather than later to ensure access to the current no-fault system. Delaying could result in more stringent requirements if legislative changes occur.
It's essential to stay informed about legislative developments and understand your rights under existing laws. Schedule a session with one of our attorneys to provide personalized guidance tailored to your situation. Book your legal session today at AZLegalResolutions.com.
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