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- Legal Separation with Minor Children
Legal Separation with Minor Children
Warning: If the other party does not want a Legal Separation, the Court may change the Petition for Legal Separation into a Petition for Divorce if you and/or your spouse have lived in Arizona for the last 90 days prior to filing the Petition for Legal Separation.
Guidelines
- You want to file for legal separation; and
- You do not have a "covenant marriage", or since you were married you have not agreed to change your marriage to a "covenant-marriage" (These papers will not work for a covenant marriage.); and
- You or your spouse either live in Arizona or are a member of the armed services and stationed in Arizona; and
- Either you or both you and your spouse desire to live separate and apart or your marriage is irretrievably broken (over); and
- You and your spouse have minor children with each other or the wife is pregnant by the husband; and
- The minor children have resided (lived) in Arizona at least 6 months before you will file the Petition for Legal Separation or you talked to a lawyer who advised you that even so you could pursue the case in Arizona.
Forms
Packets / Response Packets
Individual Forms Step 1
- Divorce-Dissolution and Legal Separation Process (instructions only, do not file with the Court) (PDF)
- Divorce-Dissolution and Legal Separation Process (instructions only, do not file with the Court) (Spanish) (PDF)
- Petition for Legal Separation with Children (PDF)
- Petition for Legal Separation with Children (Spanish) (PDF)
- Summons (PDF)
- Summons (Spanish) (PDF)
- Preliminary Injunction (PDF)
- Preliminary Injunction (Spanish) (PDF)
- Parent Information Program Order and Notice (PDF)
- Parent Information Program Order and Notice (Spanish) (PDF)
- Affidavit Regarding Minor Children (PDF)
- Affidavit Regarding Minor Children (Spanish) (PDF)
- Notice Regarding Creditors (PDF)
- Notice Regarding Creditors (Spanish) (PDF)
- Family Department Sensitive Data Coversheet (PDF)
- Family Department Sensitive Data Coversheet (Spanish) (PDF)
Individual Forms Step 2, Choose one of the following:
Individual Forms Step 3, Choose One of the Following: Default, Motion to Set or Response
- Application for Default (Option for Petitioner Only) (PDF)
- Application for Default (Option for Petitioner Only) (Spanish) (PDF)
- Notice of Hearing (must be filed with the application of default (PDF)
- Notice of Hearing (must be filed with the application of default) (Spanish) (PDF)
- Default Information for Spousal Maintenance (to Be Filed with the Application of Default, if Needed) (PDF)
- Default Information for Spousal Maintenance (to Be Filed with the Application of Default, if Needed) (Spanish) (PDF)
- Motion to Set for Trial (PDF)
- Motion to Set for Trial (Spanish) (PDF)
- Response to Petition for Legal Separation with Minor Children (Option for Respondent Only) (PDF)
- Response to Petition for Legal Separation with Minor Children (Option for Respondent Only Spanish) (PDF)
- Family Department Sensitive Data Coversheet (PDF)
- Family Department Sensitive Data Coversheet (Spanish) (PDF)
- Response - Alternative Dispute Resolution (PDF)
- Response - Alternative Dispute Resolution (Spanish) (PDF)
Individual Forms Step 4, Select Only One Decree or Consent Decree:
- Decree of Legal Separation (PDF)
- Decree of Legal Separation (Spanish) (PDF)
- Consent Decree (PDF)
- Consent Decree (Spanish) (PDF)
- Family Department Sensitive Data Coversheet (PDF)
- Family Department Sensitive Data Coversheet (Spanish) (PDF)
- Parenting Plan (to be filed with either Decree, if needed) (PDF)
- Parenting Plan (to be filed with either Decree, if needed) (Spanish) (PDF)
- Child Support Order (to be filed with either Decree, if needed) (PDF)
- Child Support Order (to be filed with either Decree, if needed) (Spanish) (PDF)
- Child Support Worksheet (to be filed with either Decree, if needed (PDF)
- Child Support Worksheet (to be filed with either Decree, if needed (Spanish) (PDF)
- Income Withholding Order (to be filed with either Decree, if needed) (PDF)
- Income Withholding Order (Example only - file the English Form with either Decree, if needed) (Spanish) (PDF)
- Income Withholding Order Instructions (instructions only, do not file with Court) (PDF)
- Income Withholding Order Instructions (instructions only, do not file with Court) (Spanish) (PDF)
- Current Employer (to Be Filed with Either Decree, if Needed) (PDF)
- Current Employer (to Be Filed with Either Decree, if Needed) (Spanish) (PDF)
You may use the child support calculator which will generate the worksheet for you.
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Self Help Center
Phone: 520-432-8513