Legal Separation Arizona | Family Law Firm
Arizona Legal Separation Laws
In the state of Arizona, legal separation procedures are almost identical to Arizona divorce proceedings. Similar to a divorce case, a Court in an Arizona legal separation case is required to divide the parties’ property and debts, enter orders providing for the care and custody of the parties’ children, child support and, if appropriate, the support of a spouse, often referred to as spousal maintenance. The most significant difference between a legal separation and a divorce is that the spouses remain married and cannot, therefore, remarry in the future without subsequently converting the legal separation to a divorce. A client may elect a legal separation in lieu of a divorce if his or her religious principles do not allow a divorce or, in some circumstances, to ensure continuous access to health insurance through the other spouse’s group health insurance plan.
Starting Your Legal Separation Case in Arizona
Although the parties are still married after a Decree of Legal Separation has been issued by the court, the spouses no longer have the same property rights or responsibilities they had before the Decree of Legal Separation was issued. Specifically, all of the assets and debts subsequently acquired by either spouse will be treated as that spouse’s sole and separate property and obligations as a result of the prior termination of the marital community by the Decree of Legal Separation.
Although a legal separation in AZ may provide a better option for a spouse, the Arizona court may only proceed with a legal separation if both parties agree to do so. The court is required to convert the case from a legal separation to a divorce proceeding if either spouse asks the court to do so; either before or after the final Decree of Legal Separation is issued by the court.
Converting a Legal Separation Into a Divorce Before a Divorce Decree has Been Signed
Contact Our Scottsdale Arizona Legal Separation Attorneys
Contact us today at (480) 305-8300 to schedule your consultation with one of our Scottsdale Arizona legal separation attorneys regarding Arizona legal separation or any other Arizona family law matter.