Centuori & Alcoverde, P.C.

Ending a marriage is never an easy task. However, there are some states that make it far more difficult to transition from married to single than others. Fortunately, Arizona offers spouses the ability to end their marriage through a no-fault divorce. That means that the union can come to an end without the need for one party to prove that the other has acted in a manner that has led to the dissolution of the relationship.

One state, however, is currently considering removing no-fault divorce as an option. Currently, the state allows couples to seek a divorce based on one of several grounds. Adultery, cruelty, abandonment, fraud and impotence are on the list, as is incompatibility. That is the idea that the spouses are simply not able to sustain a healthy marriage. According to one lawmaker, having incompatibility as a criteria for divorce could lead couples to pull the plug on a marriage that might be salvageable.

The motivation to end no-fault divorce is admirable: to save marriages. However, in reality, eliminating a clear path to divorce could serve to deepen resentment and bitterness between spouses. Without a simple means of ending a broken marriage, spouses could feel stuck, which is never conducive to a collaborative approach.

Many people feel that placing obstacles in the path of divorce is a mistake, and only serves to make a difficult process unbearable for everyone involved. Fortunately, Arizona residents have a clear and relatively easy means of ending a marriage that no longer works. It is important to note, however, that family law undergoes shifts over time, and that proposed legislation could one day bring changes to how couples end a union in the state of Arizona.

Source: kfor.com, "Oklahoma lawmaker proposes bill to do away with "incompatibility" criteria for certain couples seeking a divorce", Jan. 30, 2017

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