How Long Do You Have to Be Separated Before Divorce in Arizona

Learn How Long You Have to be Separated to File for Divorce in Arizona From Our Arizona Licensed Attorney Chris Hildebrand of Hildebrand Law, PC.

Length of Separation for a Typical Divorce

The answer to the question of how long do you have to be separate before divorce in AZ is fairly straightforward. 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.

To file for divorce, you have to be a resident of Arizona for more than 90 days before you can file for divorce. If you have not been a resident for at least 90 days, you can still file for a legal separation. You may then convert that legal separation and then amend your petition to seek a divorce after 90 days has passed.

Length of Separation for Divorce of a Covenant Marriage

Length of Separation to Get a Divorce in Arizona.

Length of Separation to Get a Divorce in Arizona.

Arizona recognizes covenant marriages. A covenant marriage begins when you apply for a marriage license. You may elect to enter into a covenant marriage if both people agree to do so.

There are some additional requirements to enter into a covenant marriage that must be met as well. If you entered into a covenant marriage, you will have to be legally separated for at least a year in most cases.

There are some situations in a covenant marriage you can speed up that process. For example, you do not need to be legally separated to get a divorce in a covenant marriage if both spouses agree to the divorce. You should consult an experienced attorney if you entered into a covenant marriage.

Conciliation Services 60 Day Stay

Once you file for divorce, you have to wait an additional 60 days from the date the divorce petition was served on your spouse before you can submit a divorce decree to the court to finalize your divorce.

This 60 day waiting period is because the law in Arizona permits either spouse to request free marital counseling through the court. That waiting period must run before you may file your divorce decree with the court.

The Divorce Process in Arizona

The divorce process requires a person to start a divorce by filing a Petition for Dissolution of Marriage. That petition along with some other required divorce papers must then be served on the other spouse. The other spouse is then required to file a written response to the divorce petition.

If you have an uncontested divorce, you may sign a settlement agreement, called a Consent Decree, with your spouse anytime after the divorce petition is filed. You simply must hold onto that settlement agreement until the 60 day time period has passed before you may submit that divorce decree to the court.
Your Consent Decree must contain a parenting time schedule if you have minor children. It must also contain an order for child support and, if appropriate, alimony. Lastly, it must fairly and equitably divide your property and debts.

Call the experienced Scottsdale and Phoenix Arizona divorce attorneys at (480)305-8300 at Hildebrand Law, PC to learn more about divorce in Arizona.

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Chris Hildebrand

Chris Hildebrand

Chris Hildebrand wrote this article about how long you have to be separated to get a divorce in Arizona to ensure everyone has access to information about divorce laws in Arizona. Chris is a family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a child custody case should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through.