You may use the forms on this page if the following factors apply to your situation:
- You want to file for legal separation; AND
WARNING: If the other party does not want a legal separation, the Court may change the Petition for Legal Separation into a Petition for Divorce if you and/or your spouse have lived in Arizona for the last 90 days prior to filing the Petition for Legal Separation.
- You do not have a "covenant marriage"* (covenant marriage is an unusual situation; most people will not have a covenant marriage); AND
- You and your spouse do not have minor children with each other; AND
- You or your spouse either live in Arizona or are a member of the armed services and stationed in Arizona; AND
- You or your spouse have tried to make your marriage work, or have tried to resolve the issues related to the legal separation through Conciliation Court, or there is no point in trying because the marriage is over and conciliation will not help.
*What is a "Covenant Marriage?" To have a "covenant marriage," both spouses would have had to:
- sign papers (essentially a contract) requesting a covenant marriage; AND
- attend pre-marital counseling; AND
- your marriage license would say "Covenant Marriage."
If you were married before August 21, 1998 and have not signed papers to convert your marriage to a "covenant marriage", you do not have a "covenant marriage". See A.R.S. § 25-904 for requirements for legal separation for a "covenant marriage". If you still have questions about whether you have a "covenant marriage," see a lawyer for help.
Packets contain ALL forms and ALL instructions needed for this process.
DO NOT USE THESE FORMS TO:
- Change your name because you got married.
- Add a father's name to birth certificates or establish paternity
NOTE: For information about name changes that can be obtained without going to court, such as to correct a birth certificate within five years of birth, visit the web site of the Arizona Bureau of Vital Records.
The State Vital Records Office at 1818 W. Adams, Phoenix, AZ 85007, is only available for mail-in service. Vital Records general telephone number is 602-364-1300. Please call for another walk-in location. A fee is required for a change to any birth certificate.
Packets contain ALL forms and ALL instructions needed for this process.
To start the process for legal separation when no minor children are involved - Instructions and Forms - DRLSA1
