A married person in Arizona can file for legal separation as long as both individuals agree and as long as at least one of them lives in the state. If either party does not agree to the legal separation, then the court will order dissolution of the marriage instead. Our Arizona divorce lawyers can provide additional guidance on whether a legal separation or a divorce is best in your situation.
Types of Marriage in Arizona
Arizona has both non-covenant marriage and covenant marriage. In a non-covenant marriage, no specific reason, except the wishes of one spouse, needs to be given for a legal separation.
Our Arizona Divorce Lawyers Address Legal Separation in a Covenant Marriage
In a covenant marriage, a person can seek a legal separation for one of the following reasons:
- Felony conviction with a prison sentence or with the death penalty;
- Domestic violence, physical abuse, emotional abuse or sexual abuse of the person or of a child or relative of either spouse who resides with them;
- Chronic alcohol or drug abuse; and
- Alcohol abuse, including poor treatment of one spouse by the other.
- In addition, if one spouse abandons the other spouse for at least 12 months, the person can file for legal separation.
However, the court can order alimony, child support, and visitation prior to the 12-month requirement. Either party can also file for separation if they have been separated for 24 months. Likewise, the court could also see fit to order visitation and spousal or child support prior to the 24-month requirement, especially when our Arizona family lawyers present strong supporting petitions in favor of our clients.
Contact Our Arizona Divorce Lawyers
For questions regarding specific details about legal separation, call our Arizona divorce lawyers. You can reach Thomas Law Office, PLC, at (602) 788-1395.