!Creation Date: 09/16/22> <!Author: Arizona Legislative Council> <!Typist: dbupdate>
25-313. Decree of legal separation; findings necessary; termination of decree
A. The court shall enter a decree of legal separation if it finds each of the following:
1. That one of the parties, at the time the action was commenced, was domiciled in this state or was stationed in this state while a member of the armed services.
2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met.
3. The marriage is irretrievably broken as prescribed in section 25-312 or one or both of the parties desire to live separate and apart.
4. If the marriage is a covenant marriage, any of the grounds prescribed in section 25-904.
5. The other party does not object to a decree of legal separation. If the other party objects to a decree of legal separation, on one of the parties meeting the required domicile for dissolution of marriage, the court shall direct that the pleadings be amended to seek a dissolution of the marriage.
B. To the extent it has jurisdiction to do so, the court shall make provisions for legal decision-making and parenting time, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of the property.
C. At any time after entry of a final decree of legal separation that has not subsequently been converted into a decree of dissolution of marriage, the parties may stipulate to termination of the decree of legal separation. The stipulated order shall be filed under the same cause number as the legal separation action and shall include the following:
1. That both parties agree to terminate the legal separation, that they desire to restore their status to legally married and that they do so intelligently, voluntarily and without duress, coercion or undue influence.
2. That on entry of the stipulated order terminating the decree of legal separation, the marital community is re-formed as if the parties became married on the date of the entry of the termination order, at which time the legal separation no longer exists.
3. That any property awarded to either party as sole and separate property under the terms of the decree of legal separation as well as any property acquired or debts incurred from the date of the entry of the decree of legal separation through the date of termination are the sole and separate property of the acquiring party and the sole and separate debt of the incurring party.
4. That any property payments due from one party to the other under the terms of the decree of legal separation are deemed waived, unless otherwise specified in the termination order.
5. That any parenting orders entered in the decree of legal separation under chapter 4 of this title no longer apply.
6. That any provisions for child support or spousal maintenance entered in the decree of legal separation no longer apply. Except as to any sum owed to the state pursuant to section 46-407 and unless otherwise agreed, each party is waiving any claims for amounts that may remain due and owing from the time period in which the support provisions under the decree of legal separation were in effect.
7. That both parties acknowledge that termination of the legal separation does not impact the rights of creditors that may have relied on the terms of the decree of legal separation.