Separation Agreement For Unmarried Couples In Arizona
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
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FAQ
To file for legal separation in Arizona you must obtain a decree of legal separation, which is a petition that is filed by one spouse and then answered by the other. Hearings are held for temporary orders, including child support and parenting time. Spouses then negotiate a separation agreement.
In Arizona, a divorce is called a Dissolution of Marriage and requires a 60-day waiting period from the date of proceedings. The complexity and duration of the divorce process depend on factors such as marriage duration, presence of children, and property or debt division.
Under ARS 25-312, only one party is necessary to assert that a marriage is irretrievably broken for a judge to approve a divorce. The judge decides when the divorce is final, meaning if one party refuses to sign, it will not change the final result.
Each former spouse begins life after divorce with all his or her separate property and half what they once owned together. Arizona is a 50/50 property law state when it comes to divorce. Community property division must be equitable, but seldom will shares be absolutely equal.
Even though Arizona does not require a separation period before a couple can divorce, the state still has a waiting period. A couple must wait at least 60 days after filing the divorce petition before the court can finalize the divorce by issuing a divorce decree.
As a practical matter, all divorces take time. Even after divorce is granted, the quickest it would be official would be 90 days AFTER the judgement is entered. It will be at least 6 months before you can get divorced in the quickest way possible.
Technically, you do not need to be physically separated from your spouse to get a divorce in Arizona. There are many cases of people going through a divorce who do not physically separate until the divorce is finalized.
As long as you and your ex can agree on how to divide up your assets, there is no need to involve lawyers or the court system. Even if children are involved, in most states you have the opportunity to separate in private, ing to whatever arrangements the two of you agree on.
While Arizona doesn't permit the creation of new common law marriages, this doesn't mean couples who live together while unmarried have no rights. Couples can sign a cohabitation agreement in Arizona, allowing them to live together and have access to certain rights despite not being married.
AZ is a community property state. That means any property acquired before the marriage is considered the separate property of that spouse. Any property acquired during the marriage is community property and subject to the 50/50 split.
