This guide can give you a place to start your research when you are deciding whether to file for Divorce, Legal Separation, or Annulment. While similar in some ways, each of these case-types are different and should be considered carefully.

“Annulment” means a court procedure that dissolves a marriage and treats it as if it never happened. Nolo.com See also ARS §25-301

Grounds (reasons) for an annulment in AZ may include, but are not limited to:

  • Absence of Mental or Physical Capacity
  • Absence of a Valid Marriage License
  • Blood Relationship
  • Concealment of prior Marital Status
  • Duress
  • Fraud
  • Lack of Contractual Intent
  • Refusal of Intercourse
  • Secret Attempt not to Abide by Antenuptial Agreement
  • Underage
  • Undissolved Prior Marriage
  • Misrepresentation as to Religion
  • Proxy Marriage

“Covenant marriage” means a type of marriage available only in select states, including Arizona, in which the spouses promise that they will participate in marriage counseling before filing for divorce and agree to a longer waiting period before the divorce can be final. Nolo.com See also ARS §§25-901 and 25-903

“Divorce” means to legally terminate a marriage. Nolo.com  See also ARS §25-312

“Jurisdiction” means the authority of a court to hear and decide a case. The Arizona Superior Court must have jurisdiction to process a divorce case. Specifically: you or your spouse must have lived in Arizona at least 90 days before you file the divorce petition, or one of you is a member of the armed forces and has been stationed in Arizona at least 90 days before you file for divorce for an Arizona Superior Court to have jurisdiction over the case. Nolo.com See also ARS §25-311

“Legal Separation” means the legal status of living apart while remaining legally married. This is an alternative option to divorce that some people choose to do instead of a divorce; if you legally separate from your spouse, you are still legally married. Nolo.com  See also ARS §25-313

Arizona Revised Statutes §25-301 through 25-381.24: These Arizona statutes govern Dissolution of Marriage (Divorce).

Arizona Revised Statute §25-301 through 25-302: These Arizona statutes outline the grounds and procedure for issuing an annulment.

Arizona Revised Statute §25-401 through 25-417: These Arizona statutes govern Legal Decision-Making and Parenting Time.

Arizona Revised Statute §25-901 through 25-906: These Arizona statutes govern Covenant Marriage.

Arizona Revised Statutes §25-1201 through 25-1362: These Arizona statutes govern the Uniform Interstate Family Support Act.

Arizona Revised Statute §25-312: This statute lists all the criteria necessary for a divorce to be entered in the court in AZ.

Arizona Revised Statute §25-313: This statute lists all the criteria necessary for a legal separation.

Arizona Revised Statute §25-318: This statute outlines the disposition of property and assignment of debts in a divorce.

Arizona Revised Statute §25-903: This statute outlines the grounds necessary for a covenant divorce

Arizona Rules of Family Law Procedure, Rule 23: Describes the initial petition and response in a family court action.

Arizona Rules of Family Law Procedure, Rules 91 and 91.2: Describe the procedure for enforcing a court order for child support.

Arizona Rules of Family Law Procedure, Rule 91.3: Describe the procedure for modifying a court order for parenting time.

The Superior Court in Maricopa County has created forms that you can use to start and complete the divorce, legal separation and annulment process, as well as forms that can be used to make changes to a decree or court order. Please be sure to read the checklist for each packet to ensure the forms are right for your situation. Be aware that our forms are designed for a non-covenant marriage only. If you have a covenant marriage, you will need to consult with an attorney to see what types of forms you will need for your situation. 

Annulment of a Non-Covenant Marriage When No Minor Children Are Involved - Use these forms to file for an Annulment when you do not have any minor children. An annulment in Arizona is a judgment that a marriage is null and void. The annulment legal process requires certain statements to the Court showing reasons the purported marriage is invalid from the beginning, almost as if it had never taken place. You must have a legal reason to file for annulment.

Divorce when minor children are involved (for non-covenant marriage only) - Use these forms to petition for divorce when you have minor children. These forms include information on how you want to divide your legal decision-making, parenting time, and child support in addition to property, assets, and debts.

Divorce when no minor children are involved (non-covenant marriage only) - Use these forms to petition for divorce when you do not have minor children. These forms include information on how you want to divide your property, assets, and debts.

Legal separation when minor children are involved - Use these forms to petition for legal separation when you have minor children. These forms include information on how you want to divide your legal decision-making, parenting time, and child support in addition to property, assets, and debts. You will still be legally married to your spouse.

Legal Separation when no minor children are involved (non-covenant marriage only) - Use these forms to petition for legal separation when you do not have minor children. These forms include information on how you want to divide your property, assets, and debts. You will still be legally married to your spouse.  

Summary Consent Decree Process for Divorce - when there are minor children - Use these forms to petition for divorce when you have minor children AND both parties agree to ALL terms of the divorce and will work together to complete, sign, and file the necessary papers all at once. In this process, there is no option for a “response” because both parties must agree to ALL terms outlined in the petition.

Summary Consent Decree Process for divorce – when there are no minor children - Use these forms to petition for divorce when you do not have minor children, AND both parties agree to ALL terms of the divorce and will work together to complete, sign, and file all the necessary papers all at once. In this process, there is no option for a “response” because both parties must agree to ALL terms outlined in the petition.  

“Annulment Process.” Arizona Bar Foundation. Phoenix, AZ. 2022.

Appenzeller, Barbara. “Financial Settlements and Support Issues in Divorce.” National Business Institute: Eau Claire, WI. 2010. KFA500 .A66. Only available at our Downtown location.

Arizona Divorce/Legal Separation Flowchart. Arizona Bar Foundation. Phoenix, AZ. 2022. Para español, haga clic aquí.

Armstrong, Mark W., et. al. Arizona Practice: Arizona family law rules handbook. (Volume 13). Thomson Reuters: Eagan, MN. KFA2494 .A73. Also available on Westlaw.

Best, Cynthia. “Nuts and bolts of divorce law.” National Business Institute: Eau Claire, WI. 2013. KFA2500 .B47. Only available at our Downtown location.

Cantor, I., and Smith, C. M., Arizona Practice: Marriage Dissolution Practice (volumes 3). Thomson Reuters: Eagan, MN, KFA 2500 .S65. Also available on Westlaw.

“Covenant Marriage in Arizona.” Court Services Division; Arizona Supreme Court. Phoenix, AZ. 2006.

Creighton, C. A., Arizona Legal Forms: Domestic Relations (volumes 4, 4A). Thomson Reuters: Eagan, MN, KFA 2468 .A75. Also available on Westlaw.

“Divorce (Dissolution) and Legal Separation Process Guide.” Law Library Resource Center, Maricopa County Superior Court. 2019. Para español, haga clic aquí.

“Divorce Resources: Determining Your Objectives/Setting Expectations” Arizona Bar Foundation. Phoenix, AZ. 2022.

Donaldson, Monica; Griggs, Thomas J.; Horowitz, David N.; Sabnekar, Susannah D. “Family law from A to Z.”National Business Institute: Eau Claire, WI. 2010. KFA2494 .D65. Only available at our Downtown location.

FAQ – Annulment. Arizona Bar Foundation. Phoenix, AZ. 2022.

FAQ – Divorce. Arizona Bar Foundation. Phoenix, AZ. 2022.

FAQ – Separation.org; Arizona Bar Foundation. Phoenix, AZ. 2022.

Stewart, Scott David. “The Arizona divorce handbook: your step-by-step guide to navigate Arizona divorce.” Law Offices of Scott David Stewart: Phoenix, Ariz. KFA2500 .S84 Only available at our Downtown location. 

“What to Include in Your Filing.” Arizona Bar Foundation. Phoenix, AZ. 2022.

This information is provided by the Law Library Resource Center of the Superior Court of Arizona in Maricopa County. 

You may contact a reference librarian as follows:

email: services@jbazmc.maricopa.gov

chat: https://superiorcourt.maricopa.gov/llrc/

in person: 101 W. Jefferson, Phoenix

 

You may contact the Law Library Resource Center at:

phone: 602-506-7353

locations 

Last update: 1/5/2023

Disclaimer: The information provided in these guides is for research purposes only. We do not provide legal advice. For legal advice, please speak to an attorney. These guides are reviewed and updated periodically. The most recent revision date is on the guide. There may be more current information available. These guides are intended as a starting point only and do not include all information or materials related to the topic.