How to File for Legal Separation in Arizona

Filing for legal separation differs depending if children are involved or nor. All the forms are available on AZCourts.Gov. Read on to learn more.

1. Meet residency requirements in Arizona
2. File a legal separation petition
3. File a legal separation agreement
4. Serve your spouse and wait for a response
5. Spouse has a chance to file counter-petition
6. Sign and notarize the agreement
7. Wait for a judge to review the petition
8. Judge signs petition and puts it on record with a court

Learn how to File for legal separation in AZ without children

Learn how to File for legal separation in AZ with children

What Is Legal Separation In Arizona?

The legal separation process permits a married couple to divide their finances while they remain married.

Legal Separation And Divorce In Arizona

In many ways the two are similar. They create space between partners and in both child custody, support of the child or children, support for the spouse and divisions of assets and debts are ordered by the court.

The Differences In Arizona

Unlike with a divorce, in Arizona a separation means you can still obtain marriage benefits such as social security, health care and so on. In a divorce you may remarry. This is not the case with legal separation.

Separation Agreements in Arizona

This is an agreement between the parties made by a judge. This agreement must include regarding child custody, visitation, child support, spousal maintenance and allocation of assets and debts. Divorce terms must be agreed prior to the signing of paperwork. if there are outstanding issues, the court will make a decision. A divorce in Arizona usually takes around sixty days to complete.

Legal Separation Costs

The Arizona Judicial Branch under Supreme Court Filing Fees states the cost for a petition for legal separation is $349 and the initial appearance or response to the petition costs $279.

Source: https://ogbornelaw.com/services/legal-separation-arizona/