Legal Separation in Arizona

Both parties must choose to remain married. Either party may move to change the legal separation proceedings to divorce proceedings.

While legal separation is the alternative to a divorce, most Petitions for Legal Separation result in a divorce. That’s because the response almost always asks for the legal separation proceedings to be converted to divorce proceedings. In making the decision of whether to file for legal separation, you should be aware that this is the common outcome.

Jurisdiction can sometimes be tricky as jurisdiction varies depending on the issue. Here’s a quick overview of jurisdiction Arizona needs to do certain parts of a legal separation:

• To enter a Decree of Legal Separation. One party must have lived in Arizona for at least ninety consecutive days (temporary absences allowed) prior to the filing of the Petition for Legal Separation.
• To enter an order regarding child custody. If the legal separation involves a minor child, the child must have lived in Arizona for six consecutive months (temporary absences allowed) prior to the filing of the Petition for Legal Separation. If your child has not lived in Arizona for six consecutive months or another state previously determined custody, we recommend you speak with an attorney to determine whether you can file in Arizona.
• To divide property. Arizona must have personal jurisdiction over both spouses. This means the parties either live here or have significant contacts here. In other words, it means both parties have a connection to the state. For example, in one case, the husband had never been to Arizona, but because he co-owned an Arizona-based business with his wife and filed taxes here, Arizona was found to have personal jurisdiction.  While personal jurisdiction is a complicated legal matter, it is a rare case where Arizona does not have personal jurisdiction. If you have questions regarding personal jurisdiction, we recommend you speak with an attorney.

The responding spouse has the right to choose to convert the proceedings from a legal separation to a divorce. If they choose to convert it to divorce proceedings, the community will still terminate on the date the Petition for Legal Separation was served under Arizona law. See A.R.S. § 25-213(B).

After a legal separation is completed, a party files for divorce, the Court cannot enter new division of property orders. Under Arizona law, the exception to this is the same as it is for divorce—if there are grounds to reopen the divorce or legal separation (such as someone concealing assets), it can be reopened.

The party moving for divorce must file under the same case number as the legal separation. The 60-day waiting period and the jurisdictional laws for divorce still apply when someone files for a divorce.