If you need to know how to file for legal separation in Arizona, you’re in the right place. Here is everything you need to know to get started.
Ensure that you or your partner meet the Arizona residency requirement
To be granted a legal separation in Arizona, either you or your partner must be residents here for at least 90 days. If neither you nor your partner meet that requirement, wait until you do before attempting to obtain a legal separation.
What to Expect
In a nutshell, you’re about to enter into a world that’s full of careful procedures and forms. However, if you take it one step at a time, it’ll be manageable.
The forms required can vary depending on where you live, so your first step should be to ensure that you’re using the forms for Pinal County.
You should also be aware that you may be asked to appear before a judge at a pretrial hearing.
Forms to file for legal separation in Arizona
The forms required will vary a bit depending on whether you and your partner have children together, and whether you and your partner agree on all terms of the separation.
Here is a sampling of some of the forms that may be required:
- Petition for Legal Separation
- Family Court Cover Sheet
- Sensitive Data Sheet
- Summons and Preliminary Injunction
- Statements made to the court, under oath
- Requests to the court regarding parenting time, legal decision-making with regards to your joint children, child support, health and insurance expenses for joint children, tax exemptions, spousal maintenance, property, and debt
- Oath or Affirmation and Verification of Petitioner
- Notice of Right to Convert Health Insurance
- Affidavit of Minor Children
- Notice Regarding Creditors
If you have minor children and wish to file for a legal separation in Arizona, the courts put on parent education classes that by law you must attend. You’ll have to fill out an Order and Notice Regarding the Parent Information Program, and serve your partner a copy of it.
After you fill out all of the required documents and sign them with a notary public as a witness, you should make copies as directed. The originals will go to the clerk of court. Your partner will need copies, and so will you.
Finally, submit the required documents to the Clerk of the Superior Court. They recommend that you arrive at least two hours before closing time. The Apache Junction office is located at 575 N. Idaho Rd., Suite 109.
Get help when learning how to file for legal separation in Arizona
As you can see, filing for a legal separation is quite the undertaking. There are lots of forms to fill out, the information required varies depending on your situation, and there are many steps involved from start to finish. Generally speaking, getting help from an experienced professional is the best way to navigate this process more smoothly. If, like most people, you and your partner agree on the terms of your separation, an affordable legal document prep service is a great help for streamlining the entire process.
