Divorce / Legal Separation / Annulment

A person generally has three choices when they want to separate from their spouse. A person can file for divorce, legal separation, or an annulment.

When a person requests a divorce, they are asking the Court to change their legal status to that of a single person. When a person requests a legal separation the person is asking to live separate and apart from their spouse, but not as a single person. When a person files for an annulment, that person is requesting that the Court enter an order stating that the marriage technically never existed. All three actions require the same basic process through the Court system.

Arizona is a no fault state. A husband or wife can get divorced or legally separated from his/her spouse without a reason (no fault) as long as the parties meet Arizona’s jurisdictional requirements. There are certain specific requirements that must be met before a person can request an annulment. A person must live in the state of Arizona for more than 90 days prior to filing for a divorce, legal separation or annulment.

Some of the general issues involved in these proceedings are: decision-making authority over children (formerly known as “child custody”), parenting time, child support, spousal maintenance, division of property and division of debts.