This Marital Domestic Separation and Property Settlement Agreement is a Separation and Property Settlement for persons with no children. The parties have joint property or debts. It is for use to settle a divorce action. It contains detailed provisions for the division of assets and the payment of liabilities.
We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use.
Click "here" to read our Cookie Policy. By clicking "Accept" you agree to the use of cookies. Read less
Read more
- US Legal Forms
- Divorce Papers & Forms
-
Arizona Marital Legal Separation and Property Settlement Agreement...
Legal Separation Petition For Divorce
State:
Arizona
Control #:
AZ-DO-1
Format:
Word;
Rich Text
Instant download
Description Legal Agreement Divorce
Free preview Marital Settlement Agreement
No Children Divorce Related forms
View Exclusive agreement contract with security agency
View Exclusive agreement contract with security agency
View this form
View Exclusive agreement contract with subcontractor
View Exclusive agreement contract with subcontractor
View this form
View Exclusive agreement contract with suppliers
View Exclusive agreement contract with suppliers
View this form
View Exclusive agreement contract with vendor
View Exclusive agreement contract with vendor
View this form
View Exclusive agreement contract without
View Exclusive agreement contract without
View this form
Related legal definitions
Arizona Separation Property Form Rating
4.79
Satisfied(475)
Legal Property Divorce Form popularity
Arizona No Children Divorce Other Form Names
Property Settlement Divorce
Legal Separation Children
Arizona Marital Property
Separation Agreement Divorce
Arizona Marital Legal
Legal Separation Divorce
Marital Property Settlement
Legal Separation Petition For Divorce Related Searches
-
Legal separation petition for divorce near Illinois
-
Legal separation petition for divorce near Alabama
-
legal separation paperwork
-
converting legal separation to divorce washington state
-
legal separation vs divorce
-
divorce forms
-
disadvantages of legal separation in washington state
-
petition for dissolution of marriage california
-
How to complete Legal separation petition for divorce near Alabama
-
disadvantages of legal separation
Marital Settlement Debts Interesting Questions
A legal separation in Arizona is a court-approved process that allows a married couple to live separately while still remaining legally married. It addresses issues such as division of property, child custody, and spousal support.
In legal separation, a couple remains legally married, whereas in divorce, the marriage is terminated. With legal separation, there is still a chance for reconciliation, while divorce marks the end of the marriage contract.
To initiate a legal separation petition in Arizona, you must file a Petition for Legal Separation with the court. You must meet residency requirements, provide grounds for legal separation, and address pertinent issues like property division, child custody, and support.
To file a legal separation petition in Arizona, at least one spouse must have lived in the state for a minimum of 90 days before filing. This residency requirement ensures that the Arizona court has jurisdiction over the case.
In Arizona, you don't need to provide any specific grounds to file for legal separation. A marriage simply needs to be 'irretrievably broken' and at least one spouse must believe that the marital relationship cannot be restored.
Yes, you have the option to request a legal separation instead of a divorce. It can be a suitable choice if you have personal or religious reasons for not wanting a complete termination of the marital union.
A legal separation petition in Arizona can address various issues like child custody, child support, spousal support, division of property, division of debts, and other related matters. These issues are resolved similarly to those in a divorce case.
No, legal separation is not the same as a trial separation. A legal separation involves a formal court process, while a trial separation is an informal agreement between spouses to live separately for a period without involving the court or legal procedures.
Yes, legal separation can be reversed in Arizona. If both spouses agree to reconcile and continue the marriage, they can file a joint request to dismiss the legal separation and resume their marital relationship.
The duration of a legal separation process in Arizona can vary. It largely depends on factors such as court availability, complexity of the issues, and the level of cooperation between spouses. It can take several months to a year or more.
Az Legal Separation Divorce Trusted and secure by over 3 million people of the world’s leading companies
Legal Settlement Agreement
Change state
To change the state, select it from the list below and press Change state.
Changing the state redirects you to another page.
Arizona
Change state
-
No results found.
-
Arizona
-
Alabama
-
Alaska
-
Arkansas
-
California
-
Colorado
-
Connecticut
-
Delaware
-
District of Columbia
-
Florida
-
Georgia
-
Hawaii
-
Idaho
-
Illinois
-
Indiana
-
Iowa
-
Kansas
-
Kentucky
-
Louisiana
-
Maine
-
Maryland
-
Massachusetts
-
Michigan
-
Minnesota
-
Mississippi
-
Missouri
-
Montana
-
Nebraska
-
Nevada
-
New Jersey
-
New Mexico
-
New York
-
North Carolina
-
North Dakota
-
Ohio
-
Oklahoma
-
Oregon
-
Pennsylvania
-
Rhode Island
-
South Dakota
-
Tennessee
-
Utah
-
Vermont
-
Virginia
-
Washington
-
West Virginia
-
Wisconsin
-
Wyoming
Law summary
Marital Legal Separation and Property Settlement Agreement where No Children or No Joint Property or Debts and Divorce Action Filed
Note: This summary is not intended to be an all-inclusive discussion of the law of separation agreements in Arizona, but does include basic and other provisions.
General Summary: Separation and Property Agreements may be entered into before a divorce is filed to be effective immediately, or may be entered into after the divorce is filed to settle the matter. The parties may enter into a written separation agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them, and support, custody and visitation of their children. The terms of the separation agreement, except those providing for the support, custody and visitation of children, are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unfair.
Discussion: Separation and Property Agreements are primarily governed by the provisions of ARS § 25-317.
Statutes:
Arizona Revised Statutes
Title 25 - Marital and Domestic Relations
Chapter 3 Dissolution of Marriage
Separation agreement:
A. To promote amicable settlement of disputes between parties
to a marriage attendant upon their separation or the dissolution of their
marriage, the parties may enter into a written separation agreement containing
provisions for disposition of any property owned by either of them, maintenance
of either of them, and support, custody and visitation of their children.
A separation agreement may provide that its maintenance terms shall not
be modified.
B. In a proceeding for dissolution of marriage or for legal separation,
the terms of the separation agreement, except those providing for the support,
custody and visitation of children, are binding upon the court unless
it finds, after considering the economic circumstances of the parties and
any other relevant evidence produced by the parties, on their own motion
or on request of the court, that the separation agreement is unfair.
C. If the court finds the separation agreement unfair as to disposition
of property or maintenance, it may request the parties to submit a revised
separation agreement or may make orders for the disposition of property
or maintenance.
D. If the court finds that the separation agreement is not unfair
as to disposition of property or maintenance, and that it is reasonable
as to support, custody and visitation of children, the separation agreement
shall be set forth or incorporated by reference in the decree of dissolution
or legal separation and the parties shall be ordered to perform them. If
the separation agreement provides that its terms shall not be set forth
in the decree, the decree shall identify the separation agreement as incorporated
by reference and state that the court has found the terms as to property
disposition and maintenance not unfair and the terms as to support, custody
and visitation of children reasonable.
E. Terms of the agreement set forth or incorporated by reference
in the decree are enforceable by all remedies available for enforcement
of a judgment, including contempt.
F. Except for terms concerning the maintenance of either party
and the support, custody or visitation of children, entry of the decree
shall thereafter preclude the modification of the terms of the decree and
the property settlement agreement, if any, set forth or incorporated by
reference.
G. Notwithstanding subsection F, entry of a decree that sets forth
or incorporates by reference a separation agreement that provides that
its maintenance terms shall not be modified prevents the court from exercising
jurisdiction to modify the decree and the separation agreement regarding
maintenance, including a decree entered before the effective date of this amendment to this section.
ARS § 25-317.
Modification and termination of provisions for maintenance, support and property disposition:
A. Except as otherwise provided in section 25-317, subsections
F and G, the provisions of any decree respecting maintenance or support
may be modified only as to installments accruing subsequent to notice of
the motion for modification to the opposing party and only on a showing
of changed circumstances which are substantial and continuing. The provisions
as to property disposition may not be revoked or modified, unless the court
finds the existence of conditions that justify the reopening of a judgment
under the laws of this state. Modifications are effective on the first
day of the month following the filing of the petition for modification
unless the court, for good cause shown, orders the chance to become effective
at a later date.
B. Unless otherwise agreed in writing or expressly provided in
the decree, the obligation to pay future maintenance is terminated on the
death of either party or the remarriage of the party receiving maintenance.
C. Unless otherwise agreed in writing or expressly provided in
the decree, provisions for the support of a minor child are not terminated
by the death of a parent obligated to support the child. When a parent
obligated to pay support dies, the amount of future support may be modified,
revoked or commuted to a lump sum payment to the extent just and appropriate
in the circumstances and shall have priority equal to the right for family
allowance in section 14-2404. Fast due support shall have priority equal
to claims provided for in section 14-3805, subsection A, paragraph 6.
ARS § 25-327.
Case Law:
Marital partners may in Arizona may validly divide their property presently and prospectively by a post-nuptial agreement, even without its being incident to a contemplated separation or divorce, provided it is fair and equitable and is free from fraud, coercion or undue influence and that the parties wife act with full knowledge of the property involved and their rights therein. In re Estate of Harber, 104 Ariz. 79, 449 P.2d 7, 16 (1969)(en banc).
The trial court may approve a valid separation and "property settlement agreement" and incorporate it into the dissolution decree if the agreement is free from fraud or undue influence and if it is fair and equitable. Ariz. Rev. Stat. Ann. ("A.R.S.") § 25-317(A); Wick v. Wick, 107 Ariz. 382, 384, 489 P.2d 19, 21 (1971); In re Estate of Henry, 6 Ariz. App. 183, 185-86, 430 P.2d 937, 939-940 (1967).
Legal definition
Marital Legal Separation and Property Settlement Agreement where No Children or No Joint Property or Debts and Divorce Action Filed
Note: This summary is not intended to be an all-inclusive discussion of the law of separation agreements in Arizona, but does include basic and other provisions.
General Summary: Separation and Property Agreements may be entered into before a divorce is filed to be effective immediately, or may be entered into after the divorce is filed to settle the matter. The parties may enter into a written separation agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them, and support, custody and visitation of their children. The terms of the separation agreement, except those providing for the support, custody and visitation of children, are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unfair.
Discussion: Separation and Property Agreements are primarily governed by the provisions of ARS § 25-317.
Statutes:
Arizona Revised Statutes
Title 25 - Marital and Domestic Relations
Chapter 3 Dissolution of Marriage
Separation agreement:
A. To promote amicable settlement of disputes between parties
to a marriage attendant upon their separation or the dissolution of their
marriage, the parties may enter into a written separation agreement containing
provisions for disposition of any property owned by either of them, maintenance
of either of them, and support, custody and visitation of their children.
A separation agreement may provide that its maintenance terms shall not
be modified.
B. In a proceeding for dissolution of marriage or for legal separation,
the terms of the separation agreement, except those providing for the support,
custody and visitation of children, are binding upon the court unless
it finds, after considering the economic circumstances of the parties and
any other relevant evidence produced by the parties, on their own motion
or on request of the court, that the separation agreement is unfair.
C. If the court finds the separation agreement unfair as to disposition
of property or maintenance, it may request the parties to submit a revised
separation agreement or may make orders for the disposition of property
or maintenance.
D. If the court finds that the separation agreement is not unfair
as to disposition of property or maintenance, and that it is reasonable
as to support, custody and visitation of children, the separation agreement
shall be set forth or incorporated by reference in the decree of dissolution
or legal separation and the parties shall be ordered to perform them. If
the separation agreement provides that its terms shall not be set forth
in the decree, the decree shall identify the separation agreement as incorporated
by reference and state that the court has found the terms as to property
disposition and maintenance not unfair and the terms as to support, custody
and visitation of children reasonable.
E. Terms of the agreement set forth or incorporated by reference
in the decree are enforceable by all remedies available for enforcement
of a judgment, including contempt.
F. Except for terms concerning the maintenance of either party
and the support, custody or visitation of children, entry of the decree
shall thereafter preclude the modification of the terms of the decree and
the property settlement agreement, if any, set forth or incorporated by
reference.
G. Notwithstanding subsection F, entry of a decree that sets forth
or incorporates by reference a separation agreement that provides that
its maintenance terms shall not be modified prevents the court from exercising
jurisdiction to modify the decree and the separation agreement regarding
maintenance, including a decree entered before the effective date of this amendment to this section.
ARS § 25-317.
Modification and termination of provisions for maintenance, support and property disposition:
A. Except as otherwise provided in section 25-317, subsections
F and G, the provisions of any decree respecting maintenance or support
may be modified only as to installments accruing subsequent to notice of
the motion for modification to the opposing party and only on a showing
of changed circumstances which are substantial and continuing. The provisions
as to property disposition may not be revoked or modified, unless the court
finds the existence of conditions that justify the reopening of a judgment
under the laws of this state. Modifications are effective on the first
day of the month following the filing of the petition for modification
unless the court, for good cause shown, orders the chance to become effective
at a later date.
B. Unless otherwise agreed in writing or expressly provided in
the decree, the obligation to pay future maintenance is terminated on the
death of either party or the remarriage of the party receiving maintenance.
C. Unless otherwise agreed in writing or expressly provided in
the decree, provisions for the support of a minor child are not terminated
by the death of a parent obligated to support the child. When a parent
obligated to pay support dies, the amount of future support may be modified,
revoked or commuted to a lump sum payment to the extent just and appropriate
in the circumstances and shall have priority equal to the right for family
allowance in section 14-2404. Fast due support shall have priority equal
to claims provided for in section 14-3805, subsection A, paragraph 6.
ARS § 25-327.
Case Law:
Marital partners may in Arizona may validly divide their property presently and prospectively by a post-nuptial agreement, even without its being incident to a contemplated separation or divorce, provided it is fair and equitable and is free from fraud, coercion or undue influence and that the parties wife act with full knowledge of the property involved and their rights therein. In re Estate of Harber, 104 Ariz. 79, 449 P.2d 7, 16 (1969)(en banc).
The trial court may approve a valid separation and "property settlement agreement" and incorporate it into the dissolution decree if the agreement is free from fraud or undue influence and if it is fair and equitable. Ariz. Rev. Stat. Ann. ("A.R.S.") § 25-317(A); Wick v. Wick, 107 Ariz. 382, 384, 489 P.2d 19, 21 (1971); In re Estate of Henry, 6 Ariz. App. 183, 185-86, 430 P.2d 937, 939-940 (1967).
Sorry, this device is not supported
Please open this page on your desktop computer.