AZ Legal Separation FAQs

What is the difference between a legal separation and a divorce in Arizona?

An Arizona legal separation and an Arizona divorce are almost identical. In fact, there are more similarities than differences between an Arizona legal separation and Arizona divorce. In both cases, the Court will issue final orders dividing the spouses’ debts and assets, enter custody and parenting time orders regarding the parties’ children, and enter child support and spousal maintenance orders. Additionally, the community property law rights and obligations previously existing between the spouses are terminated. The only significant difference between a divorce and legal separation in Arizona is that the parties are not legally restored to the status of single persons and may not, therefore, remarry.

Why would someone choose a legal separation over a divorce in Arizona?

Although there are many personal reasons a person may seek a legal separation, as opposed to a divorce, the most common reasons are religious principles preventing a divorce or reasons related to a spouse needing to be able to continue maintaining continuous health insurance coverage. Specifically, some religious faiths do not allow spouses to obtain a divorce or significantly limit the reasons for doing so. Also, circumstances may exist that a spouse has a significant physical ailment that would not be covered by his or her spouse’s health insurance plan or some other plan if the parties were divorced. In both circumstances, a legal separation may provide a more suitable alternative to a divorce.

How do I obtain a legal separation in Arizona?

A legal separation in Arizona is obtained in the same manner as a divorce. In both cases, an initial petition is filed with the Superior Court, that petition is served on the other spouse, and the parties either submit a settlement agreement resolving all of the issues in the case or the issues are presented to the court at a trial and the judge then issues final orders resolving the issues in the case. The procedural steps in an Arizona legal separation case are identical to the steps necessary to complete a divorce.

May I stop an Arizona legal separation proceeding?

You may only stop a legal separation proceeding if the other party has not been served with the petition or the other person has been served with that petition but he or she agrees for the case to be dismissed. In either case, the dismissal of the legal separation must occur before the Court enters a final Decree of Legal Separation.

May I later convert an Arizona legal separation to a divorce?

You may always convert an Arizona legal separation to a divorce at any time. In fact, you may convert the legal separation to a divorce before or after the final Decree of Legal Separation is issued by the Court.

What does the Court do if one spouse seeks a legal separation and the other spouse seeks a divorce?

The Court has no discretion when one spouse seeks a legal separation and the other spouse asks the court to enter a divorce. The Court must allow the divorce to proceed if either spouse requests a divorce.

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