Legal Separation Without 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.


  • 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 and your spouse do not have minor children with each other and the wife is not pregnant by the husband and will not be pregnant by the husband before the legal separation is over (There are separate forms and instructions for legal separation with minor children.); 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 husband and wife would have had to:

  • Sign papers (essentially a contract) requesting a covenant marriage;
  • 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 Arizona Revised Statute (A.R.S.) Section 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.