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Arizona Revised Statutes Title 25. Marital and Domestic Relations § 25-903. Dissolution of a covenant marriage;  grounds

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Notwithstanding any law to the contrary, if a husband and wife have entered into a covenant marriage pursuant to this chapter the court shall not enter a decree of dissolution of marriage pursuant to chapter 3, article 2 of this title? ���1 unless it finds any of the following:

1.?The respondent spouse has committed adultery.

2.?The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county or municipal correctional facility.

3.?The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for dissolution of marriage and refuses to return. ?A party may file a petition based on this ground by alleging that the respondent spouse has left the matrimonial domicile and is expected to remain absent for the required period. ?If the respondent spouse has not abandoned the matrimonial domicile for the required period at the time of the filing of the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on abandonment, except that the court may enter and enforce temporary orders pursuant to ??25-315 during the time that the action is pending.

4.?The respondent spouse has physically or sexually abused the spouse seeking the dissolution of marriage, a child, a relative of either spouse permanently living in the matrimonial domicile or has committed domestic violence as defined in ??13-3601 or emotional abuse.

5.?The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for dissolution of marriage. ?A party may file a petition based on this ground by alleging that it is expected that the parties will be living separate and apart for the required period. ?If the parties have not been separated for the required period at the time of the filing of the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on separation, except that the court may enter and enforce temporary orders pursuant to ??25-315 during the time that the action is pending.

6.?The spouses have been living separate and apart continuously without reconciliation for at least one year from the date the decree of legal separation was entered.

7.?The respondent spouse has habitually abused drugs or alcohol.

8.?The husband and wife both agree to a dissolution of marriage.

1 ?Section 25-311 et seq.

Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; ?and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.

Cite this article: FindLaw.com - Arizona Revised Statutes Title 25. Marital and Domestic Relations § 25-903. Dissolution of a covenant marriage;  grounds - last updated March 08, 2022 | https://codes.findlaw.com/az/title-25-marital-and-domestic-relations/az-rev-st-sect-25-903/


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