ARIZONA STATE SENATE
Phoenix, Arizona
divorce; findings
Subjects
couples seeking dissolution of marriage to the dissolution laws in place at the
time of the marriage, if they married before the enactment of no-fault divorce.
Under
a no-fault divorce system, either party to a marriage can petition for a
divorce by alleging that the marriage is irretrievably broken. One party must file a petition seeking
dissolution of the marriage with the Superior Court. The responding party cannot stop the dissolution by alleging that
the marriage is not irretrievably broken.
California was the first
state to enact no-fault divorce in the late 1960s. Other states followed suit.
By 1980, every state had enacted some form of no-fault divorce. Arizona enacted no-fault divorce in 1973.
In
a fault divorce, one spouse must prove that the other spouse is at fault for
the divorce. Grounds for a fault
divorce vary from state to state, but common grounds are adultery, desertion,
cruelty, incompatibility, conviction of a crime, drunkenness or drug addiction,
living apart, separation or insanity.
The
fiscal impact to the state general fund is unknown at this time.
1. Requires couples seeking dissolution of marriage to be under the dissolution laws in effect in Arizona at the time of the marriage, if the couple married in Arizona prior to August 8, 1973.
2. Makes technical and conforming changes.
3. Provides for a general effective date.
Prepared by Senate Staff
January 15, 2001