Divorce & Annulment

questions & answers

Question: i got married on my husbands reservation at the beginning of this year, and now hes already wanting a divorce but i dont want a divorce just yet. if he files for a divorce do i have to give it to him

Answer: A marriage entered into on a Native American reservation is given full faith and credit in the same way as a marriage solemnized in a foreign country.  If he files for divorce in tribal court, the rules of the tribal nation will govern.  If he files in Arizona state court, he will need to state in his petition that the marriage is irretrievably broken.  Under A.R.S. Section 25-312, that is the only grounds for divorce in Arizona.  We are a no fault state.  Depending on the tribe, the standard may be different.  Under state law, you cannot prevent the marriage from being dissolved if the spouse believes the marriage is irretrievably broken.