On August 12, 2005 a law was passed that allows minors to divorce their parents, more formally called emancipation. The law can be found at (A.R.S. § 12-2451 through A.R.S. § 12-2456.01). Emancipation is a difficult process, and meeting the requirements does not automatically mean a minor will be emancipated. The minor must prove to the court that emancipation is in their best interests and that they are able to live independently.
A minor may petition the court for emancipation if they meet the following requirements:
- At least 16
- An Arizona resident
- Financially self-sufficient
- Acknowledges in writing that they have read and understand the rights and obligations of emancipation
- The minor is not ward of the court or in the state's custody
Minor (a person under the age of 18) must demonstrate to the court the ability to:
- Manage financial, personal and social affairs
- Live wholly independent of parent or guardian
- Obtain or maintain health care, education, training or employment
Documentation - The minor must provide at least one (1) of the following:
- Documentation of the minor's independent living for at least three consecutive months
- Statement explaining why the minor believes the home of the parent or legal guardian is unsafe
- A notarized statement of written consent from the parent or guardian in addition to an explanation by the parent or guardian
Court Process
- The court has up to 90 days to hear the emancipation request
- Minor may represent themself or be represented by an attorney
- The court may appoint an attorney for the minor
- At least 2 months before the hearing, the court must notify the minor's parents
- The parents have up to 30 days to object to the emancipation
- The parents may request mediation or the court may order mediation
In deciding whether emancipation is in the minor’s best interests, the court may consider:
- Potential risks and consequences of emancipation
- The wishes of the minor
- Opinions and recommendations of the minor's parents or guardian
- Financial resources of the minor and the minor's ability to be financially self-sufficient
- The employment, education, and criminal history of the minor
Rights of Emancipated Minors - An emancipated minor may:
- Enter a contract
- Sue and be sued
- Buy and sell real property
- Establish legal residence
- Pay child support
- Incur debts
- Apply for social services
- Obtain a job-related license
- Apply for school
- Apply for loans
- Access medical treatment and records
- Consent to medical treatment
- A driver's license or non-operating license with the words: Emancipated Minor
Laws may have changed since the last time this article was updated. The current and most up-to-date laws can be accessed here.