Scottsdale Divorce Lawyer Explains Arizona No-Fault Divorce

In order to get a divorce in Scottsdale, it used to be that you had to prove a spouse did something wrong, such as adultery or domestic abuse, to cause the end of the marriage. You had to have grounds for the divorce, in other words. In fact, it used to be that way almost everywhere in the nation. Although the nation’s first no-fault divorce laws were passed in 1953, it was really only in 1970 that the US saw no-fault divorce laws start to take hold. Now, almost every state has enacted no-fault laws regarding divorce.

No-Fault Not for Everyone

The change in Arizona divorce law didn’t sit well with everyone, and many people have pointed to no-fault laws, which made it easier for couples to get divorced, as the cause for the increase in divorce rates. However, no-fault divorce laws did prove helpful in some cases; many survivors of domestic abuse found it easier to remove themselves from abusive marriages through a no-fault divorce.

Does No-Fault Divorce Really Mean No Fault?

The name itself can be somewhat misleading, and Scottsdale divorce attorneys answer a lot of questions about what “no fault” really means. An Arizona no-fault divorce does not necessarily mean that your spouse did nothing wrong, it simply means that the actual cause of the divorce is irrelevant to the court. Essentially, instead of needing to prove to the court that your spouse cheated or otherwise behaved badly, you can claim “irreconcilable differences” in the marriage. You can pursue a no-fault divorce in Scottsdale, even if you believe that your spouse’s wrongdoing was to blame for wrecking your marriage.

The term “no fault” can also be misleading when it comes to other issues in the divorce proceedings. If your spouse was physically or emotionally abusive, abused drugs or alcohol, or mismanaged your finances, that behavior may still be taken into account when deciding custody or the division of property-even though that behavior is not “officially” listed as the cause of your Scottsdale divorce.

The First Step

If you have any questions about Arizona no-fault divorce, or if you are considering getting divorced in Maricopa County, contact a friendly and experienced Scottsdale divorce lawyer with Curry, Pearson & Wooten today at 1-888-929-5292. When you call, we’ll set you up with a completely free, no-pressure consultation to talk about your specific circumstances and how we can help. If you’re interested, we can also send you a completely free copy of our book, Arizona Family Law – How to Handle Tough Issues in Tough Times.