Arizona
Legal Separation in Arizona: Requirements, Orders and Divorce
Independently fact-checked against primary sources (last audited October 8, 2026). · 13 primary sources cited on this page. How we verify our legal content
Yes. Arizona courts grant a decree of legal separation under A.R.S. § 25-313 when the marriage is irretrievably broken or one or both spouses want to live separate and apart, and the other spouse does not object. The court can decide parenting, child support, spousal maintenance and property, but the spouses remain married, and either one can later file for divorce in the same case (A.R.S. 25-325(B)).
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers legal separation under Arizona Revised Statutes Title 25, mainly A.R.S. 25-313, 25-318, 25-319, 25-325, 25-329 and the covenant marriage statutes in 25-901 to 25-906, plus the probate rule in 14-2802. It does not cover how maintenance or child support amounts are calculated, Arizona case law, or other states' law. For divorce, see Arizona divorce laws.
Does Arizona have legal separation?
Yes. A.R.S. 25-313(A) provides: "The court shall enter a decree of legal separation if it finds each of the following." The Arizona Judicial Branch explains:
"A legal separation is the process of determining the legal rights and responsibilities of spouses without terminating the marriage and results in a Decree of Legal Separation."
Requirements for a legal separation in Arizona
Section 25-313(A) lists what the court must find:
| Requirement | What the statute says | Cite |
|---|---|---|
| Domicile | One spouse was domiciled in Arizona, or stationed here while in the armed services, when the action was commenced | 25-313(A) |
| Conciliation | The conciliation court provisions of 25-381.09 and article 5 either do not apply or have been met | 25-313(A) |
| Ground | "The marriage is irretrievably broken as prescribed in section 25-312 or one or both of the parties desire to live separate and apart" | 25-313(A) |
| Covenant marriage | If the marriage is a covenant marriage, one of the grounds in 25-904 | 25-313(A) |
| No objection | The other party does not object to a decree of legal separation | 25-313(A) |
If your spouse objects. Arizona will not enter a legal separation over an objection. Instead, under 25-313(A), the court directs that the pleadings be amended to seek a dissolution of marriage, provided the dissolution domicile requirement is met.
The 90-day question. Arizona's divorce statute, 25-312(A)(1), requires 90 days of domicile before filing. Section 25-313 does not repeat that 90-day period; it asks about domicile when the action was commenced. The Arizona Judicial Branch's family law forms page, however, says: "Family law actions must be filed in the superior court of the county in which one of the spouses resides provided that at least one of the spouses has lived in Arizona for at least 90 days." Check with the superior court in your county before relying on a shorter period. The same page says that if the case involves a minor child, the child must have lived in Arizona for at least 6 months before filing.
Waiting period. Under A.R.S. 25-329, the court cannot consider an affidavit-supported motion or hold a trial or hearing on an application for a decree of legal separation until 60 days after service of process or acceptance of service.
What the court can order in an Arizona legal separation
Under A.R.S. 25-313(B), to the extent it has jurisdiction, "the court shall make provisions for legal decision-making and parenting time, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of the property."
- Property. Arizona is a community property state. Under 25-318(A), the court assigns each spouse's sole and separate property and divides community property equitably, without regard to marital misconduct.
- Spousal maintenance. A.R.S. 25-319(A) authorizes maintenance in a legal separation proceeding on the grounds it lists. See Arizona alimony laws for how maintenance is decided.
- Children. Legal decision-making, parenting time and child support are part of the decree. See Arizona child custody laws and Arizona child support laws.
You stay married after a legal separation
A decree of legal separation does not end the marriage. Two statutes show what that means:
- Property acquired after service. Under A.R.S. 25-211(A)(2), property acquired after service of a petition for legal separation is not community property if the petition results in a decree of legal separation.
- Inheritance. A.R.S. 14-2802(A) says "A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section." But 14-2802(B)(3) excludes from "surviving spouse" a person who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights, so a separation decree that divides all community property may end inheritance rights as a spouse. A lawyer licensed in Arizona can explain how this applies to a particular decree.
The decree is final when entered, subject to appeal (A.R.S. 25-325(A)).
Converting a legal separation to a divorce in Arizona
Under A.R.S. 25-325(B), "Either party to a decree of legal separation may file a petition for dissolution of marriage in accordance with the requirements of section 25-314." The petition is filed in the same case number but proceeds as a new and separate action, with service under Arizona Rule of Family Law Procedure 40.
The court may then enter a dissolution decree under 25-312 without regard to 25-327(A). The property disposition in the legal separation decree, or an approved settlement, may not be revoked or modified unless conditions exist that justify reopening a judgment.
Reconciling instead. Under A.R.S. 25-313(C), spouses can stipulate to end the legal separation and restore their marital status, and community property re-forms from the date of that termination.
Covenant marriages
Arizona's covenant marriage law (A.R.S. 25-901 to 25-906) limits legal separation. Under 25-904, the court "shall not enter a decree of legal separation" for a covenant marriage unless it finds one of these grounds:
- adultery;
- commission of a felony with a sentence of death or imprisonment;
- abandonment of the matrimonial domicile for one year and refusal to return;
- physical or sexual abuse, domestic violence or emotional abuse;
- living separate and apart for two years;
- habitual intemperance or ill treatment of a kind that makes living together insupportable; or
- habitual drug or alcohol abuse.
For divorcing a covenant marriage after a legal separation, 25-903(6) lists as a dissolution ground living separate and apart continuously without reconciliation for at least one year from the date the decree of legal separation was entered.
How to file for legal separation in Arizona
Family law actions are filed in the superior court of the county where one spouse lives. The Arizona Judicial Branch Self-Service Center has pages for legal separation with children and without children; when last checked, the form sets were listed as being updated. AZCourtHelp also links statewide and county legal separation forms.
Disclaimer: This article provides general legal information about legal separation under Arizona Revised Statutes Title 25, mainly A.R.S. 25-313 and 25-325. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Arizona or your county superior court's self-help center.
Related
- Legal separation laws in every state
- Arizona divorce laws
- Arizona alimony laws
- Arizona child custody laws
- Arizona child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Can my spouse refuse a legal separation in Arizona?
Yes. A.R.S. 25-313(A) requires that the other party not object; if they do, the court directs the pleadings be amended to seek a dissolution of marriage, if the dissolution domicile requirement is met.
How do you convert a legal separation to a divorce in Arizona?
Either spouse may file a petition for dissolution under A.R.S. 25-325(B). It is filed in the same case number but proceeds as a new action, and the separation decree's property division generally stands.
Is there a waiting period for legal separation in Arizona?
The court cannot hold a hearing or trial on a legal separation application until 60 days after service or acceptance of service (A.R.S. 25-329).
Is property acquired after a legal separation community property in Arizona?
No, if the petition results in a decree. Property acquired after service of a legal separation petition that ends in a decree is not community property (A.R.S. 25-211(A)(2)).
Can you get spousal maintenance in an Arizona legal separation?
Yes. A.R.S. 25-313(B) directs the court to provide for the maintenance of either spouse, and 25-319(A) sets the grounds for maintenance in a legal separation proceeding.
Can a legally separated couple in Arizona get back together?
Yes. Under A.R.S. 25-313(C), the spouses can stipulate to terminate the legal separation and restore their marital status.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Arizona Revised Statutes, Title 25 (Marital and Domestic Relations), Chapter 3 (DISSOLUTION OF MARRIAGE), Article 2 (Dissolution of Marriage)
§ 25-313Decree of legal separation; findings necessary; termination of decreeIn force
A. The court shall enter a decree of legal separation if it finds each of the following: 1. That one of the parties, at the time the action was commenced, was domiciled in this state or was stationed in this state while a member of the armed services. 2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met. 3. The marriage is irretrievably broken as prescribed in section 25-312 or one or both of the parties desire to live separate and apart. 4. If the marriage is a covenant marriage, any of the grounds prescribed in section 25-904. 5. The other party does not object to a decree of legal separation. If the other party objects to a decree of legal separation, on one of the parties meeting the required domicile for dissolution of marriage, the court shall direct that the pleadings be amended to seek a dissolution of the marriage. B.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
§ 25-325Decree; finality; restoration of maiden nameIn forcecited in 3 of our articles
A. A decree of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal. An appeal from the decree of dissolution that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of that provision of the decree that dissolves the marriage beyond the time for appealing from that provision, and either of the parties may remarry pending appeal. An order directing payment of money for support or maintenance of the spouse or the minor child or children shall not be suspended or the execution of the order stayed pending the appeal. B. Either party to a decree of legal separation may file a petition for dissolution of marriage in accordance with the requirements of section 25-314. The petition shall be filed under the same case number as the legal separation but shall be considered and shall proceed as a new and separate action with service of process in accordance with rule 40 of the Arizona rules of family law procedure.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 23 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Natale v. Natale (Court of Appeals of Arizona 2014, 234 Ariz. 507)“…inal” decisions is based primarily on the first sentence of A.R.S. § 25-325(A), which states: “A decree of dissolut…”
- Quijada v. Quijada (Court of Appeals of Arizona 2019, 246 Ariz. 217)“…Opinion of the Court valued and divided on appeal, see A.R.S. § 25-325(A) (“A decree of dissolution of marriag…”
- In Re the Marriage of Gaddis (Court of Appeals of Arizona 1997, 191 Ariz. 467)“…is final when entered, subject to the right of appeal.” A.R.S. § 25-325. Provisions in a decree “as to property…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arizona Name Change Laws: Court Process, Fees, and Restrictions, Arizona Annulment Laws: Grounds, Residency and How to File (2026)
§ 25-312Dissolution of marriage; findings necessaryIn forcecited in 2 of our articles
A. The court shall enter a decree of dissolution of marriage if it finds each of the following: 1. That one of the parties, at the time the action was commenced, was domiciled in this state or was stationed in this state while a member of the armed services and that in either case the domicile or military presence has been maintained for ninety days before filing the petition for dissolution of marriage. 2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met. 3. The marriage is irretrievably broken. 4. If the marriage is a covenant marriage, any of the grounds prescribed in section 25-903. B. If both of the parties by petition or otherwise state under oath or affirmation that the marriage is irretrievably broken or if one of the parties so states and the other does not deny it, the court shall make a finding as to whether the marriage is irretrievably broken. C.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at azleg.gov
Cited in 43 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- RUVALCABA BY STUBBLEFIELD v. Ruvalcaba (Court of Appeals of Arizona 1993, 174 Ariz. 436)“…cabas's marriage was "irretrievably broken" for purposes of A.R.S. section 25-312(3), that no possibility of reconciliati…”
- Brighton v. SUPERIOR COURT, IN & FOR CTY. OF PIMA (Court of Appeals of Arizona 1974, 22 Ariz. App. 291)“…ty, custody and maintenance matters. *292 A.R.S. § 25-312 provides: “Dissolution of marria…”
- Porter v. Estate of Pigg (Court of Appeals of Arizona 1993, 175 Ariz. 194)“…perly held: We agree with petitioner that the language of A.R.S. § 25-312 clearly mandates that all issues relati…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arizona Divorce Laws (2026): Grounds, Residency, and Process
§ 25-318Disposition of property; retroactivity; notice to creditors; assignment of debts; contempt of courtIn forcecited in 3 of our articles
A. In a proceeding for dissolution of marriage, for annulment or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court that previously lacked personal jurisdiction over the absent spouse or previously lacked jurisdiction to dispose of the property, the court shall assign each spouse's sole and separate property to such spouse. Except as provided in section 25-318.02, the court shall also divide the community, joint tenancy and other property held in common equitably, though not necessarily in kind, without regard to marital misconduct. For the purposes of this section only, property acquired by either spouse outside this state shall be deemed to be community property if the property would have been community property if acquired in this state. B. In dividing property, the court may consider all debts and obligations that are related to the property, including accrued or accruing taxes that would become due on the receipt, sale or other disposition of the property. The court may also consider the exempt status of particular property pursuant to title 33, chapter 8. C.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 310 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Toth v. Toth (Arizona Supreme Court 1997, 190 Ariz. 218)“…stribution of marital joint property upon dissolution under A.R.S. § 25-318(A) requires an equal distribution of th…”
- Martin v. Martin (Arizona Supreme Court 1988, 156 Ariz. 452)“…es’ community property within the meaning and the intent of A.R.S. § 25-318(A). She relies on two prior decisions o…”
- In Re Marriage of Flower (Court of Appeals of Arizona 2010, 223 Ariz. 531)“…marital property in a dissolution proceeding is governed by A.R.S. § 25-318(A) (Supp.2009), 3 which pr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-319Maintenance; guidelines; computation factorsIn forcecited in 5 of our articles
A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance: 1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs. 2. Lacks earning ability in the labor market that is adequate to be self-sufficient. 3. Is the parent of a child whose age or condition is such that the parent should not be required to seek employment outside the home. 4. Has made a significant financial or other contribution to the education, training, vocational skills, career or earning ability of the other spouse or has significantly reduced that spouse's income or career opportunities for the benefit of the other spouse. 5. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient. B. The supreme court shall establish guidelines for determining and awarding spousal maintenance.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at azleg.gov
Cited in 216 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Marriage of Gutierrez v. Gutierrez (Court of Appeals of Arizona 1998, 193 Ariz. 343)“…r the trial court properly considered the factors listed in A.R.S. § 25-319(B).” Id. ¶ 16 The tria…”
- Cullum v. Cullum (Court of Appeals of Arizona 2007, 215 Ariz. 352)“…not err in using the Guidelines’ factors consistently with A.R.S. section 25-319 and we affirm. 1 FACTU…”
- Neal v. Neal (Arizona Supreme Court 1977, 116 Ariz. 590)“…whether the prerequisites for spousal maintenance were met. A.R.S. § 25-319(A) prescribes the necessary elements:…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alimony by State: How Spousal Support Works (2026), Common Law Marriage in Arizona: Is It Recognized? (2026), Arizona Spousal Maintenance (Alimony) Laws: The 2023 Guidelines (2026)
§ 25-329Waiting periodIn forcecited in 2 of our articles
The court shall not consider a submission of a motion supported by affidavit or hold a trial or hearing on an application for a decree of dissolution of marriage or legal separation until sixty days after the date of service of process or the date of acceptance of process.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Weaver v. Weaver (Court of Appeals of Arizona 1981, 131 Ariz. 590)“…entered prior to the expiration of the 60 days mandated by A.R.S. § 25-329. He also contends the court had no juri…”
- Siqueiros v. Valenzuela (Court of Appeals of Arizona 2023)“…ies that it could not accept the decree for 60 days, citing A.R.S. § 25-329. ¶3 On June 1, Wife again lo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Arizona Revised Statutes, Title 25 (Marital and Domestic Relations), Chapter 7 (COVENANT MARRIAGE), Article 1 (General Provisions)
§ 25-904Decree of legal separation; groundsIn force
Notwithstanding any law to the contrary, if a husband and wife have entered into a covenant marriage pursuant to this chapter the court shall not enter a decree of legal separation pursuant to chapter 3, article 2 of this title unless it finds any of the following: 1. The respondent spouse has committed adultery. 2. The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county or municipal correctional facility. 3. The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for legal separation and refuses to return. A party may file a petition based on this ground by alleging that the respondent spouse has left the matrimonial domicile and is expected to remain absent for the required period.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
§ 25-903Dissolution of a covenant marriage; groundsIn forcecited in 2 of our articles
Notwithstanding any law to the contrary, if a husband and wife have entered into a covenant marriage pursuant to this chapter the court shall not enter a decree of dissolution of marriage pursuant to chapter 3, article 2 of this title unless it finds any of the following: 1. The respondent spouse has committed adultery. 2. The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county or municipal correctional facility. 3. The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for dissolution of marriage and refuses to return. A party may file a petition based on this ground by alleging that the respondent spouse has left the matrimonial domicile and is expected to remain absent for the required period.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Phillips v. Hon schwartz/phillips (Court of Appeals of Arizona 2023, 97 Arizona Cases Digest 23)“…tion and filing requirements), or when seeking dissolution, A.R.S. § 25-903(1)–(8) (grounds for dissolution include…”
- Jessica L. v. Dcs, J.L. (Court of Appeals of Arizona 2020)“…had filed for divorce from Father, citing abandonment. See A.R.S. § 25-903 (outlining limited grounds to dissolve…”
- Runyard v. Runyard (Court of Appeals of Arizona 2017)“…a covenant marriage or a child custody determination.4 See A.R.S. § 25-903(4) (identifying physical abuse as one o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- A.R.S. 25-313 (legal separation: findings, orders, termination)(azleg.gov).gov
- A.R.S. 25-325 (decree; petition for dissolution after legal separation)(azleg.gov).gov
- Arizona Judicial Branch Self-Service Center, Family Law Forms(azcourts.gov).gov
- A.R.S. 25-312 (dissolution of marriage: findings and domicile)(azleg.gov).gov
- A.R.S. 25-329 (waiting period)(azleg.gov).gov
- A.R.S. 25-318 (disposition of property)(azleg.gov).gov
- A.R.S. 25-319 (spousal maintenance)(azleg.gov).gov
- A.R.S. 25-211 (community property)(azleg.gov).gov
- A.R.S. 14-2802(A) and (B)(3) (effect of divorce, annulment and decree of separation)(azleg.gov).gov
- A.R.S. 25-904 (covenant marriage: legal separation grounds)(azleg.gov).gov
- A.R.S. 25-903 (covenant marriage: dissolution grounds)(azleg.gov).gov
- A.R.S. 25-901 (covenant marriage)(azleg.gov).gov
- Arizona Judicial Branch Self-Service Center, Legal Separation without Children(azcourts.gov).gov
- AZCourtHelp, Arizona Legal Separation Forms(azcourthelp.org)