To start the legal separation process when minor children are involved
- 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;"* AND
- You or your spouse either live in Arizona or are a member of the armed services stationed in Arizona; AND
- Either you or both you and your spouse desire to live separate and apart or your marriage is irretrievably broken (over); AND
- You and your spouse have minor children with each other; AND
- The minor children have resided (lived) in Arizona at least 6 months before you will file the Petition for Legal Separation or you talked to a lawyer who advised you that even so you could pursue the case in Arizona.
*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.
To start the legal separation process when minor children are involved - Instructions and Forms - DRLSC1
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