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.

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 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.

Packets / Response Packets

  1. Legal Separation without Minor Children Packet (PDF)
  2. Legal Separation without Minor Children Packet (Spanish) (PDF)
  3. Legal Separation without Minor Children Response Packet (PDF)
  4. Legal Separation without 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 Without Children (PDF)
  4. Petition for Legal Separation Without Children - Spanish (PDF)
  5. Summons (PDF)
  6. Summons (Spanish) (PDF)
  7. Preliminary Injunction (PDF)
  8. Preliminary Injunction (Spanish) (PDF)
  9. Notice of Right About Health Coverage (PDF)
  10. Notice of Right About Health Coverage (Spanish) (PDF)
  11. Notice Regarding Creditors (PDF)
  12. Notice Regarding Creditors (Spanish) (PDF)
  13. Response - Family Court Sensitive Data Coversheet Without Children (PDF)
  14. Response - Family Court Sensitive Data Coversheet Without Children - 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 without Minor Children (PDF)
  10. Response to Petition for Legal Separation without Minor Children - Spanish (PDF)
  11. Response - Family Court Sensitive Data Coversheet Without Children (PDF)
  12. Response - Family Court Sensitive Data Coversheet Without Children - 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 without Minor Children (PDF)
  2. Decree of Legal Separation without Minor Children - Spanish (PDF)
  3. Consent Decree (PDF)
  4. Consent Decree (Spanish) (PDF)
  5. Response - Family Court Sensitive Data Coversheet Without Children (PDF)
  6. Response - Family Court Sensitive Data Coversheet Without Children - Spanish (PDF)
  7. Income Withholding Order (to be filed with either Decree, if needed) (PDF)
  8. Income Withholding Order (Example only - file the English Form with either Decree, if needed) (Spanish) (PDF)
  9. Income Withholding Order Instructions (instructions only, do not file with Court) (PDF)
  10. Income Withholding Order Instructions (instructions only, do not file with Court) (Spanish) (PDF)
  11. Current Employer (to Be Filed with Either Decree, if Needed) (PDF)
  12. Current Employer (to Be Filed with Either Decree, if Needed) (Spanish) (PDF)