Legal Separation with Minor Children

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.

Guidelines

  • You want to file for legal separation; and
  • You do not have a "covenant marriage", or since you were married you have not agreed to change your marriage to a "covenant-marriage" (These papers will not work for a covenant marriage.); and
  • You or your spouse either live in Arizona or are a member of the armed services and 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 or the wife is pregnant by the husband; 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.

Forms

Packets / Response Packets

  1. Legal Separation with Minor Children Packet (PDF)
  2. Legal Separation with Minor Children Packet (Spanish) (PDF)
  3. Legal Separation with Minor Children Response Packet (PDF)
  4. Legal Separation with Minor Children Response Packet (Spanish) (PDF)

Individual Forms Step 1

  1. Divorce-Dissolution and Legal Separation Process (instructions only, do not file with the Court) (PDF)
  2. Divorce-Dissolution and Legal Separation Process (instructions only, do not file with the Court) (Spanish) (PDF)
  3. Petition for Legal Separation with Children (PDF)
  4. Petition for Legal Separation with Children (Spanish) (PDF)
  5. Summons (PDF)
  6. Summons (Spanish) (PDF)
  7. Preliminary Injunction (PDF)
  8. Preliminary Injunction (Spanish) (PDF)
  9. Parent Information Program Order and Notice (PDF)
  10. Parent Information Program Order and Notice (Spanish) (PDF)
  11. Affidavit Regarding Minor Children (PDF)
  12. Affidavit Regarding Minor Children (Spanish) (PDF)
  13. Notice Regarding Creditors (PDF)
  14. Notice Regarding Creditors (Spanish) (PDF)
  15. Family Department Sensitive Data Coversheet (PDF)
  16. Family Department Sensitive Data Coversheet (Spanish) (PDF)

Individual Forms Step 2, Choose one of the following:

  1. Acceptance of Service (PDF)
  2. Acceptance of Service (Spanish) (PDF)
  3. Affidavit of Service Signature Confirmation (PDF)
  4. Affidavit of Service Signature Confirmation (Spanish) (PDF)

Individual Forms Step 3, Choose One of the Following: Default, Motion to Set or Response

  1. Application for Default (Option for Petitioner Only) (PDF)
  2. Application for Default (Option for Petitioner Only) (Spanish) (PDF)
  3. Notice of Hearing (must be filed with the application of default (PDF)
  4. Notice of Hearing (must be filed with the application of default) (Spanish) (PDF)
  5. Default Information for Spousal Maintenance (to Be Filed with the Application of Default, if Needed) (PDF)
  6. Default Information for Spousal Maintenance (to Be Filed with the Application of Default, if Needed) (Spanish) (PDF)
  7. Motion to Set for Trial (PDF)
  8. Motion to Set for Trial (Spanish) (PDF)
  9. Response to Petition for Legal Separation with Minor Children (Option for Respondent Only) (PDF)
  10. Response to Petition for Legal Separation with Minor Children (Option for Respondent Only Spanish) (PDF)
  11. Family Department Sensitive Data Coversheet (PDF)
  12. Family Department Sensitive Data Coversheet (Spanish) (PDF)
  13. Response - Alternative Dispute Resolution (PDF)
  14. Response - Alternative Dispute Resolution (Spanish) (PDF)

Individual Forms Step 4, Select Only One Decree or Consent Decree:

  1. Decree of Legal Separation (PDF)
  2. Decree of Legal Separation (Spanish) (PDF)
  3. Consent Decree (PDF)
  4. Consent Decree (Spanish) (PDF)
  5. Family Department Sensitive Data Coversheet (PDF)
  6. Family Department Sensitive Data Coversheet (Spanish) (PDF)
  7. Parenting Plan (to be filed with either Decree, if needed) (PDF)
  8. Parenting Plan (to be filed with either Decree, if needed) (Spanish) (PDF)
  9. Child Support Order (to be filed with either Decree, if needed) (PDF)
  10. Child Support Order (to be filed with either Decree, if needed) (Spanish) (PDF)
  11. Child Support Worksheet (to be filed with either Decree, if needed (PDF)
  12. Child Support Worksheet (to be filed with either Decree, if needed (Spanish) (PDF)
  13. Income Withholding Order (to be filed with either Decree, if needed) (PDF)
  14. Income Withholding Order (Example only - file the English Form with either Decree, if needed) (Spanish) (PDF)
  15. Income Withholding Order Instructions (instructions only, do not file with Court) (PDF)
  16. Income Withholding Order Instructions (instructions only, do not file with Court) (Spanish) (PDF)
  17. Current Employer (to Be Filed with Either Decree, if Needed) (PDF)
  18. Current Employer (to Be Filed with Either Decree, if Needed) (Spanish) (PDF)

You may use the child support calculator which will generate the worksheet for you.