What is a "No Fault" divorce?
According to answers.com, the definition of a no-fault divorce is “a divorce which is granted without the necessity of finding a spouse to have been guilty of some marital misconduct.” Before no-fault divorce statutes were established, one had to prove that specific marital misconduct, such as infidelity or abandonment, had taken place, and there had to be an innocent spouse and a guilty, or defendant spouse.
Fortunately, Arizona, along with most other states, has adopted these no-fault divorce statutes, which means any husband or wife can get divorced without the other agreeing that the marriage should be over, and without naming a guilty party or specified marital offense. For a divorce to be granted, all that needs to be shown is that an irretrievable breakdown of the marriage has occurred. To do this, either the husband or wife can by petition under oath, state that the marriage is irretrievably broken. Alternatively, one of them can state this and if the other party does not deny it, the court will make a finding as to whether or not the marriage is in fact irretrievably broken.