Arizona Legal Separation

Hildebrand Law, P.C. is one of Maricopa County and Arizona’s preeminent family law firms, dedicated solely to the practice of Arizona family law matters, including representation in Arizona legal separation cases. Focusing only upon family law matters allow the professionals at Hildebrand Law, P.C. to remain current and focused on the constantly changing Arizona legal separation laws.

If you are facing the reality of a legal separation in Arizona, you deserve the peace of mind that comes with knowing your most precious assets are being guarded by a committed team who focus only upon Arizona family law cases. The professionals at Hildebrand Law, P.C. focus upon providing practical and effective solutions for all of our Arizona clients pursuing legal separation.

The Process of Legal Separation

In the state of Arizona, legal separation procedures are almost identical to divorce proceedings. Similar to an 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.

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 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.

Visit our AZ Legal Separation FAQs page for more detailed information on Arizona legal separation laws.

Contact us today or call us at 480-305-8300 to schedule your consultation with AZ divorce attorney Christopher S. Hildebrand regarding Arizona legal separation or any other Arizona family law matter.