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What if my spouse won’t agree to the divorce?

One person not agreeing to get a divorce and they go to counseling. In Arizona, there is only one requirement for the Court to grant a divorce. The requirement is that one spouse affirms the marriage is irretrievably broken.

Your spouse won’t agree?

They don’t really have a choice.

If either you or your spouse disagree with the divorce, a request for Conciliation Counseling can be filed. Then the Court will require both parties to attend a joint counseling session with a Court counselor.

If either you or your spouse still want the divorce after attending that single counseling session, the divorce will proceed and eventually be finalized whether it is contested or not. In other words, your spouse doesn’t have to agree with the divorce for it to be finalized, but they can make you go to counseling one time.

The counseling does not delay the divorce in any way. It’s normally done during the mandatory “cool down period“. So filing for counseling is not a strategy to slow down the Arizona divorce process.

Affordable Family Law can prepare legal documents for your AZ divorce. Our certified legal document preparer has over 12 years of Arizona family law experience and can guide you through the entire process for a fraction of the cost of hiring a lawyer. Contact us today to learn more.