Understanding Spousal Desertion Case Law in Arizona
With more than 200,000 marriages ending every year in the Grand Canyon State, the topics of divorce and spousal desertion are widespread in Arizona today. With some of the harshest marriage abandonment laws in Arizona, an innocent spouse can obtain a dissolution that is granted on the grounds of desertion or abandonment. A spouse can be found guilty of intent to desert under the Arizona Revised Statutes® Section 25-317, if he or she engages in conduct that clearly demonstrates an intent to desert. Usually, this type of conduct is typically evidenced by a spouse leaving the marital home without returning and stopping any and all communications with their other half. Spousal desertion can lead to significant setbacks in a spouse’s ability to move ahead with the dissolution, so it’s always wise for parties to consult an experienced divorce attorney as soon as possible.
What’s interesting though, is when we look at the current legal landscape for hemp legislation in Arizona, the data on spousal desertion frequently comes up. As it turns out, the two have more in common than one might think, and offer some insight into the future of cannabis policies in the state.
Marriage abandonment laws in Arizona are part of the Arizona Revised Statutes® governing marriage and marital relationships. In order to obtain a decree of dissolution on the grounds of abandonment, an innocent spouse must demonstrate that their spouse had no intention of resuming the relationship. Intent is key with these types of cases.
In Arizona, businesses are taking advantage of newly enacted licensing and registration programs for industrial hemp. Lawmakers in the state have responded to the Agricultural Improvement Act of 2018, commonly known as the Farm Bill, by enacting an industrial hemp program that closely resembles the regulatory model set forth in that legislation.
Marriage desertion has remained a constant issue throughout Arizona’s history. While there was once a strong push toward fault in divorce, in which abandonment played a pivotal role, lawmakers now favor no-fault divorce, which has made it even more difficult for spouses to obtain a dissolution.
Many people today believe that spousal desertion is unacceptable and unfair, resulting in calls for no-fault divorce. The same can be said for public perception of hemp at the federal level, as many view the green plant as one that is duly suited to teaming with the cannabis industry.
The federal government helps regulate hemp through policies set forth in the Farm Bill, but states can refine regulation by creating their own programs. Arizona is one of those states, creating a thriving hemp market within its borders.
Even if a spouse has demonstrated intent to desert, judges often hesitate to dissolve a marriage until the spouse has vacated the marital bedroom for an extended period of time. Arizona’s industrial hemp landscape is much more forgiving of “bad actors,” offering ample leeway to entrepreneurs.
As more people favor no-fault divorce, they also tend to prefer more liberal regulation of the industrial hemp market. This is because both areas of law deal with an individual’s right to do what they see fit.
If you want to save your marriage, consider seeking the counsel of an experienced divorce attorney in Arizona. Likewise, if you want to run a successful hemp enterprise within the state, hiring a lawyer to navigate the licensing process is essential.
As Arizona continues to embrace freedoms like no-fault divorce, the future of hemp looks good as well, with momentum set to carry both legislative initiatives into the future.
One important resource for understanding the nuances of marriage desertion in Arizona-and the role it can play in the divorce process-is the Arizona Revised Statutes® Title 25 – Marital and Domestic Relations. By reading this document, you’ll gain a better understanding of what to expect in your marriage dissolution. If you’re a business owner looking to explore the recent laws around hemp licensing and registration in Arizona, it’s best to speak with a lawyer who has plenty of experience with these practices.
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