Arizona Legal Separation Document Preparation
All the clarity of divorce, without ending your marriage.
A legal separation lets a married couple divide their finances, property, debts, and (if applicable) parenting responsibilities through the court, while remaining legally married. For some couples it's a practical alternative to divorce. As an Arizona Certified Legal Document Preparer, QuickDocsAZ prepares the required documents for you at your direction, so you can move through your case with confidence.
You choose the path that fits your situation. We prepare the documents. The court decides your case.
Start My Documents
Legal separation vs. divorce: what’s the difference?
Legal Separation
Leaves the couple legally married while dividing property, debts, support, and parenting by the same kind of court order.
Divorce (Dissolution)
Ends the marriage. Property, debts, support, and parenting are divided by court order, and each spouse is free to remarry.
Couples generally consider legal separation for reasons such as religious beliefs, keeping certain benefits tied to marriage, or wanting a formal arrangement without ending the marriage. Which option is right for you is your decision. We’re happy to explain how each process generally works so you can choose.
Good to know: once a Decree of Legal Separation is entered, it can generally be changed later, by proceeding with a dissolution of marriage, or by terminating the legal separation by agreement. We can prepare the documents for either step if you decide to take it later.
How to choose the right service
Like a divorce, a legal separation follows one of a few paths depending on whether both spouses agree and whether the other party takes part.
Summary Consent Decree Process: Legal Separation Without Children
$550Who this is for: Spouses who agree on all issues, are both willing to sign, and do not have a covenant marriage. This is our most streamlined path: rather than filing the petition now and coming back later to finish the decree, everything, petition and decree together, is prepared and filed at once, cutting out two separate steps most legal separations require.
- Petition and decree prepared, signed, and filed together
- No service required on the other party
- 60-day waiting period begins at filing
Summary Consent Decree Process: Legal Separation With Children
$650Who this is for: Spouses who agree on all issues, including children, and are both willing to sign. This is our most streamlined path: rather than filing the petition now and coming back later to finish the decree, everything, petition and decree together, is prepared and filed at once, cutting out two separate steps most legal separations require. This package also includes the parenting-related documents required whenever children are part of the case.
- Everything in the base package
- Parenting-related documents included
- The most streamlined path when both spouses cooperate
Contested Legal Separation: Without Children
$550Who this is for: Spouses who haven't reached agreement on the terms of their legal separation, or aren't sure yet whether they will. We prepare and file the Petition, Summons, and the other required opening documents, and the other party is formally served. From there your case moves forward through the court's normal process.
- Petition for Legal Separation, Summons, Preliminary Injunction, and Sensitive Data Coversheet prepared and filed
- Service of process on the other party
- Opens the case. This is the required first step whether or not you later reach agreement
Contested Legal Separation: With Children
$650Who this is for: The same as our Contested Without Children package, for spouses with minor children together. Includes the parenting-related documents required whenever children are part of a legal separation.
- Everything in the Contested Without Children package
- Parenting Plan, Affidavit Regarding Minor Children, and Parent Information Program order included
- Opens the case. This is the required first step whether or not you later reach agreement
Response to a Legal Separation Petition
$350Who this is for: A spouse who's been served with legal separation papers and needs their response prepared and filed on time.
- Prepared based on the information you provide
- Filed within your response window
How legal separation works in Arizona
A legal separation is a court case, filed in the Superior Court the same way a divorce is, that divides a married couple's property, debts, support, and parenting arrangements by court order while leaving them legally married (A.R.S. § 25-313). It is different from simply living apart, because the court's order is legally enforceable.
The process, the paperwork, and the issues the court addresses are very close to a divorce. The key difference is the result: when the judge signs a Decree of Legal Separation, the marriage continues. This page explains the general process so you can compare it with divorce. It is general information, not legal advice.
The process, step by step
- 1
Confirm Arizona can hear your case
One spouse must have lived in Arizona for at least 90 days before the case is filed. When there are minor children, the court also looks at where the children have lived over the past six months to decide whether Arizona can make parenting orders. Covenant marriages follow different rules.
- 2
Prepare and file the petition
The case begins when a Petition for Legal Separation is filed with the Clerk of the Superior Court, along with the court's filing fee. A Summons, a Preliminary Injunction, and a Sensitive Data Coversheet go with it, and when children are involved, an Affidavit Regarding Minor Children and a Parenting Plan as well.
- 3
Serve your spouse
Your spouse must formally receive the filed papers, by a process server or the sheriff, or by signing an Acceptance of Service. If your spouse cannot be located, the court may allow another method of service by motion.
- 4
Wait out the 60-day period
Arizona requires a 60-day waiting period before a decree can be entered (A.R.S. § 25-329). It generally runs from the date your spouse is served or signs an Acceptance of Service. When both spouses sign the petition and decree together, the clock generally starts at filing.
- 5
Resolve property, debts, and children's issues
Spouses can reach agreement and put it in a consent decree, or the court decides what they cannot agree on. The decree can address property and debts, spousal maintenance, and, when there are children, legal decision-making, parenting time, and child support.
- 6
Receive the decree and decide what comes next
The case ends when the judge signs the Decree of Legal Separation. The spouses remain married. A legal separation can later be converted into a dissolution of marriage, or both spouses can ask the court to end the separation and resume the marriage.
The documents involved
Which documents you need depends on the service you choose. Here is what each one is for.
- Petition for Legal Separation
- Starts the case. It states the basic facts (names, marriage date, children) and what you are asking the court to order.
- Summons
- Notifies your spouse that a case has been filed and how long they have to respond.
- Preliminary Injunction
- A standard court notice that restricts both spouses from certain actions, such as hiding or disposing of property, while the case is pending.
- Sensitive Data Coversheet
- Keeps Social Security numbers and similar identifiers off the public record by placing them on a separate confidential form.
- Affidavit Regarding Minor Children and Parenting Plan
- Required when children are involved. The affidavit lists where the children have lived, and the Parenting Plan sets out legal decision-making and the parenting-time schedule.
- Required notices and Parent Information Program order
- Arizona requires certain notices and, in cases with minor children, attendance at a court-approved Parent Information Program class.
- Consent Decree of Legal Separation (agreed cases)
- The final order when both spouses agree on every term. Our Summary Consent Decree Process prepares the petition and decree together.
Key Arizona rules at a glance
- Still legally married
- A legal separation does not end the marriage, so neither spouse is free to remarry unless the marriage is later ended by dissolution.
- Same issues as a divorce
- The court order can divide property and debts, address spousal maintenance, and set legal decision-making, parenting time, and child support.
- Residency
- One spouse must have lived in Arizona for at least 90 days before filing.
- Waiting period
- A 60-day waiting period applies before a decree can be entered (A.R.S. § 25-329).
- Property acquired after service
- Property a spouse acquires after service of a petition that results in a decree is that spouse's separate property (A.R.S. § 25-211).
- Insurance and benefits
- Whether health insurance, retirement, or other benefits continue after a legal separation depends on the specific plan or program and your circumstances. Confirm with the plan administrator.
- Converting or ending it later
- A legal separation can later be converted into a dissolution of marriage, or the separation can be ended by agreement. We prepare the documents for either step.
Is document preparation the right fit?
Often a good fit when
- You want a formal, court-ordered arrangement without ending the marriage.
- You want to represent yourself and need your court forms prepared accurately.
- You and your spouse agree on the terms and both are willing to sign.
- Your spouse has been served and you need a response prepared on time.
People often talk with an attorney when
- You are weighing legal separation against divorce and want advice on which fits.
- Domestic violence, safety concerns, or a protective order are involved.
- Insurance, retirement, or tax consequences matter to your decision.
- Parenting time or relocation is heavily disputed.
A legal document preparer is not a lawyer and cannot give legal advice. Communications with a legal document preparer are not privileged. This page is general information about how this Arizona process works, not advice about your situation.
Related Services
- Convert a Legal Separation to Divorce
- The terms of the separation are typically carried into the dissolution.
- $400
- Terminate a Legal Separation
- For spouses who agree to end the separation decree and resume their marriage.
- $350
Add-On Document Services
These documents are often part of a legal separation and can be prepared individually or alongside any service above.
- Parenting Plan
- $150
- Child Support Worksheet
- Arizona Guidelines calculation
- $100
- Spousal Maintenance Worksheet
- $100
- Quit Claim / Beneficiary Deed
- To transfer real property per your decree
- $200
- Motion & Order for Alternative Service
- When the other party can't be personally served
- $150
What’s included and what’s not
Preparation of all required court documents for your chosen service, based on the information and documents you provide.
- Court filing feeDepends on your county and whether the case involves minor children. See the full breakdown by county on our Rates page. You may also qualify for a fee deferral or waiver.$261 to $486
- Parent Information ProgramRequired by the court in any case involving minor children.~$50 / parent
- Service of processOnly if the other party won't sign an Acceptance of Service.$150+
- PublicationIf the other party must be served by publication.Varies
We’ll give you a clear, itemized breakdown up front so there are no surprises.
Frequently asked questions
Can I remarry after a legal separation in Arizona?+
No. A legal separation does not end the marriage, so neither spouse is free to remarry unless the marriage is later ended by a dissolution (divorce).
Is a legal separation the same as a trial separation?+
No. A trial or informal separation is just an arrangement between the spouses. A legal separation is a court case that ends in a decree with legally enforceable terms for property, debts, support, and parenting.
Does a legal separation divide property and debts?+
Yes. The court order can divide community property and debts, address spousal maintenance, and, when there are children, set legal decision-making, parenting time, and child support, much like a divorce decree.
How long does a legal separation take in Arizona?+
The 60-day waiting period must pass before a judge can enter a decree, so that is the earliest possible point. Beyond that, timing depends on whether you and your spouse agree, how quickly the paperwork is filed and served, and the court's calendar.
What does a legal separation cost in Arizona?+
Our document preparation fees are flat and listed on the Rates page. The court's filing fee is separate, is the same line item as a divorce, and varies by county. Other costs can include service of process and, when children are involved, the Parent Information Program class.
Do I need a lawyer for a legal separation in Arizona?+
No. Arizona allows people to represent themselves. A certified legal document preparer can prepare your court forms from the information you provide, but cannot give legal advice or represent you in court.
What's the difference between legal separation and divorce?+
Both follow the same court process in Arizona and address the same issues: property, debts, support, and parenting. A divorce (dissolution) ends the marriage; a legal separation leaves the couple legally married but divides their affairs by court order.
Why would someone choose legal separation over divorce?+
Couples generally consider it for reasons like religious beliefs, keeping certain benefits tied to marriage, or wanting a formal arrangement without ending the marriage. Which option is right for you is your decision. We're happy to explain how each process generally works so you can choose.
Can a legal separation be changed later?+
Yes, generally in one of two ways: proceeding with a dissolution of marriage, or terminating the legal separation by agreement. We can prepare the documents for either step if you decide to take it later.
Are you attorneys?+
No. QuickDocsAZ is a certified legal document preparation service, not a law firm. We prepare your forms accurately, but we do not provide legal advice.