When a marriage ends, there are often two sides to the story. One spouse may feel the other is accountable for the breakdown of the relationship—and in many cases, those feelings are valid. Trust can be shattered through infidelity, domestic violence, addiction, financial abuse, or other harmful behaviors, leaving lasting emotional scars.
In fault-based states, you must prove these specific grounds to obtain a divorce. But what about Arizona? Do the courts consider who is to blame for the marriage’s breakdown? Laws vary from state to state, and Arizona is a no-fault divorce state. This means you do not need to show wrongdoing by either spouse to file for a divorce. You simply need to state that the relationship has “irretrievably broken”.
In the United States, divorces generally fall into these two categories, and understanding their distinction is essential for knowing your rights, protecting your interests, and navigating the process effectively.
Key Differences Between Fault and No-Fault Divorce
- Proof of Misconduct: Unlike a no-fault divorce, a fault-based divorce requires one partner to prove that the other is responsible for the breakdown of the marriage.
- Grounds for Divorce: No-fault divorces rely on statements such as “irretrievably broken,” while fault-based cases are grounded in specific reasons, including infidelity, abuse, addiction, abandonment, or financial improprieties.
- Process: Since fault-based divorces require proof of wrongdoing, they are typically more complex, often involving evidence, witness testimony, and lengthier legal proceedings. In contrast, no-fault divorces only require a judge to determine that the marriage is irretrievably broken with no chance of reconciliation, making the process quicker, simpler, and less contentious.
- Emotional Strain: Divorce is emotionally challenging, no matter the legal path, but fault-based divorces often add extra stress. Revisiting and exposing your spouse’s harmful actions can stir up painful memories and intensify emotions you may be trying to move past. These cases may also take longer, involve more court appearances, and can become contentious if one party resists agreements.
- Financial Impact: In Arizona, marital assets and debt are typically split equally. While no-fault divorces do not deal in blame, proof of misconduct may still influence decisions on child custody, support, or property division. Fault-based divorces can directly affect settlements, sometimes benefiting the innocent partner.
Experienced No-Fault Divorce Lawyers in Chandler, Arizona
Divorce is already difficult enough without the added pressure of having to prove allegations in court. The truth is that some marriages reach a point where parting ways becomes the healthiest path forward for everyone involved. Fortunately, for those in Chandler and throughout Arizona, the state’s no-fault approach helps streamline the process. However, it’s important to note that couples in covenant marriages must still prove specific grounds—such as adultery, abandonment, or domestic violence—before a divorce can be granted.
No matter the reason for ending your marriage, whether or not your spouse is to blame, it’s essential to have trusted legal guidance. At Shaffer Family Law, we’ve supported countless clients across Maricopa County and the surrounding areas as they navigate divorce and other complex family law matters. We understand how difficult this transition can be, and we’re committed to helping you make informed decisions that protect both your future and that of your family.
Contact us at (480) 470-3030 or request your appointment online to speak with a member of our team. Let’s explore the best path forward together.