25-312. Dissolution of marriage; findings necessary

341 words·~2 min read·/az/title-25/25-312

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The court shall enter a decree of dissolution of marriage if it finds each of the following:

1. That one of the parties, at the time the action was commenced, was domiciled in this state or was stationed in this state while a member of the armed services and that in either case the domicile or military presence has been maintained for ninety days before filing the petition for dissolution of marriage.

2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met.

3. The marriage is irretrievably broken.

4. If the marriage is a covenant marriage, any of the grounds prescribed in section 25-903.

B. If both of the parties by petition or otherwise state under oath or affirmation that the marriage is irretrievably broken or if one of the parties so states and the other does not deny it, the court shall make a finding as to whether the marriage is irretrievably broken.

C. If one of the parties denies under oath or affirmation that the marriage is irretrievably broken, the court shall hold a hearing to consider all relevant factors as to the prospect of reconciliation and shall do either of the following:

1. Make a finding as to whether the marriage is irretrievably broken.

2. Continue the matter for not more than sixty days for a further hearing. At the request of either party or on its own motion, the court may order a conciliation conference. At the next hearing the court shall make a finding as to whether the marriage is irretrievably broken.

D. A finding that the marriage is irretrievably broken is a determination that there is no reasonable prospect of reconciliation.

E. To the extent it has jurisdiction to do so, the court shall make provisions for legal decision-making and parenting time, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of property.