How to Get a Legal Separation in Arizona
Legal separation is an option in the state of Arizona for married couples that no longer wish to live together as man and wife. A legal separation in Arizona can resolve the same issues as a divorce, and has the same legal effect, except that at the end of a legal separation the parties are still married and cannot remarry.
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Instructions
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Determine where to file your petition for legal separation. Either you or your spouse must have lived in Arizona for 90 days preceding the filing. Unlike many other states, you are not required to have lived in the county where you're filing for any specific time period. It's more convenient, though, to file in the county where you live.
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Confirm that you qualify for a legal separation. In Arizona, if both parties are not in agreement, the court will convert the petition into a petition for dissolution.
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Prepare a petition for separation as well as a summons. The petition tells the court about you and your spouse and explains your request. The summons notifies your spouse that you have initiated the separation action. All necessary forms can be found on the Arizona Judicial Branch Self-Service website.
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Wait the required 60 days after filing the petition. Complete a consent decree with your spouse. It tells the court how you plan to resolve all the issues in your case such as custody and division of assets, debts and marital property. You and your spouse must sign the decree. File the agreement with the court.
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Contact the court in a week and ask if the judge has signed the decree. Once he has, you are legally separated.
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Tips & Warnings
Always consult with a licensed attorney before deciding to represent yourself.
If you cannot find a form that says "legal separation" you can use a divorce form and just change the term "divorce" or dissolution" to "legal separation."
References
Resources
- Photo Credit man and woman divorced image by Ivonne Wierink from Fotolia.com
