Arizona Info

Arizona Divorce Start Your Divorce Find Professionals Arizona Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Arizona Products Divorce by County

Arizona Articles

Agreements Custody & Visitation Child Support Counseling Divorce/General Domestic Abuse Financial Planning Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

Arizona Divorce Support Arizona Divorce Online

Arizona Legal Separation
Legal Separation in Arizona

For some couples, a legal separation is necessary until they can negotiate the specifics surrounding finances, property and children. For others, a divorce is the most feasible option. In Arizona, the process of obtaining a legal separation or divorce is very similar. Legal separations are generally governed by A.R.S. Section 25-313. Legal separation determines the rights as well as responsibilities of the important aspects of a married couple's relationship, such as child custody, child visitation, debt and property ownership. Although a separation legally establishes rights, it does not divorce a couple. A husband and wife still have the same legal rights and obligations as if they were a married couple living together.

Complaint

In Arizona, both spouses must agree to the separation before a decree will be granted. Couples must file either a "Petition for Legal Separation Without Children" or a "Petition for Legal Separation With Children" with the Superior Court of Arizona in the county in which they reside.

Separation Agreement

A separation agreement is a legal binding contract signed by spouses, which is intended to resolve property, debt and child related issues. This can be a very complex and detailed document depending upon the unique situation of the marriage. Many spouses consult an attorney to provide this or they decide to prepare their own.

Grounds

Filing for legal separation follows the same process as a divorce action with the exception that the court must find that either the marriage is irretrievably broken or that "one or both of the parties desires to live separate and apart." A.R.S. Section 25-313(3). Instead of a Petition for Dissolution of Marriage, one files a Petition for Legal Separation. The Petition should include the information specified in A.R.S. Section 25-314. Couples must acknowledge a "desire to live separate and apart" if they would like a legal separation or that their marriage is "irretrievably broken" if they desire a divorce. In cases that involve children, the parties must indicate if "significant" domestic violence has or has not occurred to obtain joint custody.

Residency

Either spouse must have lived in Arizona for the 90 days preceding the filing of the petition. If children are involved, they must have lived in Arizona for six months prior to filing. In a covenant marriage, a spouse cannot file for legal separation. If one party does not want the legal separation, the court may change the proceeding to a divorce proceeding.

Procedure

The petitioner completes the petition for legal separation (with or without children and files it with the court.

The forms include the child custody and parenting form as well as the child support worksheet. These must be submitted to the appropriate court where the case is filed. The spouse must attend a Parent Information Program.

Children

Custody and visitation are handled similarly in Arizona whether the couple is separating or divorcing. Children that are either born to or adopted by the party must be listed on the respective petition along with their names, date of birth and address. The pregnancy of the wife must be indicated as well. If spouses agree on custody matters, they may indicate the desire to share custody of the children or one parent obtaining sole custody with visitation rights to the non-custodial parent. The court under the Arizona Child Support Guidelines normally determines Child support orders.

Division of Debts and Property

Division of debts and property is treated the same in a legal separation or a divorce. Couples indicate on their petition the assets and liabilities acquired before and during the marriage. They must also determine if one party is responsible for paying the marital debts or if both parties will share the responsibility. Division of property is treated in much the same way. Once the type of property and its value are determined, the decree states the division of assets and liabilities.

Start Arizona Divorce Start Your Arizona Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Arizona Divorce Find Arizona Divorce Professionals in Your Area:
Join the Network
Arizona Divorce Products, Services and Solutions Arizona Divorce Products, Services and Solutions
Arizona Divorce Resources to Help You Through the Process.
Online Parenting Class Arizona Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Arizona Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for an Arizona Divorce

 

Settle Your Divorce Negotiate Your Arizona Divorce

 

Support Forum Arizona Support Forum

Children In Between - Online Parenting Class


FEATURED TOOL - Online Divorce Negotiation (settle your divorce issues and save on legal fees)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"