Legal Separation

Overview

A legal separation is a court process that allows a married couple to live apart and divide their property, parenting responsibilities, and financial obligations without ending the marriage. In Arizona, legal separation is an alternative to divorce for couples who wish to stay legally married but need clear orders on custody, support, and finances.

When Legal Separation May Apply

• Parents want to live apart but maintain a legal marriage (for religious, financial, or personal reasons)

• One spouse needs spousal maintenance (alimony) but the couple does not wish to divorce

• Parents need court orders for child custody, parenting time, and child support while remaining legally married

• Couples want to separate property and debts without dissolving the marriage

Forms You’ll Need

To request or respond to a legal separation, you may need to file:

• Petition for Legal Separation (with or without children)

• Summons

• Preliminary Injunction (sets restrictions during the case)

• Parenting Plan (if children are involved)

• Child Support Worksheet (if children are involved)

• Decree of Legal Separation

(Forms may vary by county—check your local Superior Court for the most up-to-date versions.)

Key Considerations for Fathers

• Parental rights and responsibilities: Legal separation still requires clear parenting plans and child support orders, just like divorce.

• Marriage remains intact: You remain legally married, which may impact taxes, insurance, and other benefits.

• Future divorce: If desired, either spouse can later request a divorce.

• Custody and child support: Courts will apply the best interests of the child standard to decide parenting time and support.

Resources & Support

• Legal Separation with Children

  • Petition

    • Instructions: How to Fill Out Papers for a Legal Separation With Minor Children

    • Procedures: How to File Papers for Legal Separation With Minor Children With the Court

    • Family Court / Sensitive Data Cover Sheet with Children (Confidential Record)

    • Request for Protected Address

      • Instructions: How to Fill Out the Request for Protected Address

    • Summons

    • Preliminary Injunction

    • Petition for Legal Separation with Minor Child(ren)

    • Order and Notice to Attend Parent Education/Information Program Class

    • Affidavit Regarding Minor Children

    • Notice Regarding Creditors

    • Parenting Plan Information

    • Parenting Plan

  • Response

    • Alternative Dispute Resolution Statement to the Court

    • Procedures: When and How to Use the ADR Statement

  • Default

    • Procedures: When and How to File an Application and Affidavit for Default in Family Court Cases With or Without Children

    • Application and Affidavit for Default in Family Court Cases

    • Default Screening Checklist - Maricopa Only

    • Default Information for Spousal Maintenance

    • Motion and Affidavit for Default Decree Without Hearing

  • Set Trial Date

    • Instructions: How to Fill Out the Motion to Set Trial Date and Certificate of Readiness

    • Motion to Set Trial Date and Certificate of Readiness

    • Procedures: What to do with the Motion to Set Trial Date After You Have Filled it Out

  • Decree

    • Instructions: How to Complete a Child Support Order

      Child Support Order

    • Parenting Plan Information

    • Parenting Plan

    • Joint Legal Decision-Making Education Order

    • Sole Legal Decision-Making Education Order

    • Instructions: Income Withholding for Support

    • Income Withholding Order for Support (IWO)

• Legal Separation with no Children

  • Petition

    • Family Court / Sensitive Data Cover Sheet (Confidential Record)

    • Request for Protected Address

    • Instructions: How to Fill Out the Request for Protected Address

    • Summons

    • Preliminary Injunction

    • Notice of Your Rights About Health Insurance Coverage When a Petition for Dissolution (Divorce) Is Filed

    • Notice Regarding Creditors

  • Response

    • Alternative Dispute Resolution Statement to the Court

    • Procedures: When and How to Use the ADR Statement

    • Family Court / Sensitive Data Cover Sheet (Confidential Record)

  • Default

    • Procedures: When and How to File an Application and Affidavit for Default in Family Court Cases With or Without Children

    • Application and Affidavit for Default in Family Court Cases

    • Default Screening Checklist - Maricopa Only

    • Default Information for Spousal Maintenance

    • Motion and Affidavit for Default Decree Without Hearing

    • Procedures: Getting a Default Decree Without a Hearing in Family Court Cases That Do Not Involve Minor Children

  • Set Trial Date

    • Instructions: How to Fill Out the Motion to Set Trial Date and Certificate of Readiness

    • Motion to Set Trial Date and Certificate of Readiness

    • Procedures: What to do with the "Motion to Set Trial Date" After You Have Filled it Out

  • Decree

    • Current Employer or Other Payor Information Sheet

The information offered on this site is made available as a public service and is not intended to take the place of legal advice. If you do not understand something, have trouble filling out any of the forms, or are not sure these forms and instructions apply to your situation, see an attorney for help. Consult a state Law Library or the Legal Aid Resources page for information on free or reduced cost legal aid for more information.

Not all forms may be accepted in all Arizona courts – you should contact the clerk of the court in which you will be filing to confirm the use of a particular form, determine whether any additional forms are required and verify the filing fees. The Arizona Bar Foundation assumes no responsibility and accepts no liability for actions taken by users of these documents, including reliance on their contents.