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Irretrievably Broken/Irreconcilable Differences

September 20, 2022 Cindy Best

Irretrievably broken is the Arizona statutory standard for obtaining a divorce in a non-covenant marriage. It means the marriage has broken down and there is no reasonable prospect of reconciliation. Arizona is a no-fault divorce state for standard marriages. The court does not decide who caused the marriage to fail. It only needs a finding that the marriage is irretrievably broken.

Either spouse can make this finding. One spouse cannot prevent a divorce in a standard Arizona marriage by refusing to agree that the marriage is broken. If one party says the marriage is irretrievably broken and the other disagrees, the court will typically find in favor of the party seeking dissolution after a brief hearing.

Irreconcilable differences is another phrase for the same concept used in other states. Arizona statutes use irretrievably broken. The practical effect is the same: no showing of fault, wrongdoing, or specific cause for the divorce is required in a standard marriage.

In a covenant marriage the standard is different. Specific statutory grounds are required. See the Covenant Marriage entry in this glossary for more detail.

 

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