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Arizona Legal Separation Requirements

Arizona law requires certain conditions be met in order to grant a legal separation. These include:

One or both parties live in the state for at least 90 days (this includes U.S. servicemen and women who are stationed in Arizona)

The party requesting the separation states a desire to live apart from his or her spouse

If the marriage is a covenant marriage, cause needs to be established, such as adultery, conviction of a felony, verbal abuse, physical abuse, sexual abuse, abandonment, or irreconcilable differences

Both parties must agree to the decree of legal separation

Both parties can agree to terms of the separation, including provisions for child care and financial support, and maintenance (alimony) of one spouse by another where necessary

If the court finds that the property disposition and maintenance terms are unfair to one party, it can ask the parties to submit a revised separation agreement

Establish a single date of separation to provide clear financial definition—for example, to make clear which debts were incurred before and after that date