Difference Between Legal Separation and Divorce in Arizona
Are you wondering what’s the difference between legal separation and divorce in Arizona? As family law attorneys, we are asked about the difference between divorce and legal separation and divorce in Arizona. The reality is that there are more similarities than differences between a divorce and a legal separation in Arizona. This article will provide you with insight on the similarities, as well as the differences, between a legal separation and a divorce in Arizona.
Differentiating Legal Separation and Divorce
It is not uncommon for couples to find themselves facing difficulties in their marriage that lead to one or both parties believing it would be more beneficial for the partnership to end. While divorce is most likely the first thing that comes to mind, couples have another option they can utilize to make the process easier. Legal separation is a commonly used solution for couples seeking a resolution to their marital qualms without completely dissolving the marriage.
If you are considering putting an end to your marriage, you may want to weigh the options of both legal separation and divorce, figuring out which one best fits your needs. Family law matters like divorce are complicated and pose many potential problems, which is why having an expert to guide you through the process is highly beneficial.
If you and your spouse find yourself in a separation or divorce situation, call the team at Hildebrand Law, PC for help.
Legal Separation in Arizona
A legal separation is different from a divorce in that it does not fully dissolve the relationship of the two parties involved. Instead, obtaining a separation means that, while the legal status of the marriage is left in place, the involved parties are no longer part of a joint marital community.
This means that any debts, purchases, earnings, or other similar acquisitions belong solely to the person to whom they belong, but the status of the marriage is not terminated.
Separation is often considered the minor version of a legal end to a relationship, where divorce is the end of the line, both literally and metaphorically. Legal separation comes in varying shapes and sizes, ranging from trial separation to full legal separation. A trial separation is suitable for couples who are unsure of their circumstances and want to experiment with the idea of a legal separation or divorce without making such a move official too hastily.
There are several reasons why a couple may elect to go the route of separation rather than divorce, which we will discuss in another entry. However, it is not unheard of for spouses to make the best of an unfortunate situation by capitalizing on bypassing the divorce option. Divorce, on the other hand, is the complete termination of the marriage. In no capacity are spouses still connected regarding belongings, debts, and other financial obligations that are incurred following the end of the marriage.
However, a divorce can mean other issues will arise such as alimony and spousal support and other past financial matters. The reasons spouses will opt for divorce over a legal separation can vary, but often boil down to irreconcilable differences. Rather than being legally obligated to each other in a minimal capacity, a divorce gives the parties the ability to completely be free of obligations, except for things like court-ordered alimony or child custody questions if the spouses have children together.
The similarity of a Legal Separation and a Divorce in Arizona
While the differences between divorce and separation are staggering, both avenues will share common ground in their aftermath. Like any family law situation, shared property and lives bring with them plenty of outcomes. For example, child custody issues are obviously going to be prevalent when it comes to a legal separation as they would in a divorce. A legal separation means the parents are not living in the same home, so the care of the children must be delegated accordingly.
Alimony and spousal support are also prevalent in both separation and divorce, as the separation can mean one spouse is unable to support their way of life immediately following the filing and fulfillment.
Many issues will present themselves in both divorce proceedings and legal separation, so if you have any questions, it is best to seek out a legal professional with family law expertise to guide you through.
The processes involving legal separation and divorce are complicated and have the potential to be utterly confusing. Not only do they have a lot of similarities, but the differences are staggering and important.
Divorce is the complete termination of marriage, leaving no connection between the spouses, save for things like children and jointly incurred debts. Legal separation, on the other hand, is a way for spouses to keep certain facets of their relationship intact while not being legally bound.
Both of these options have aspects they cannot avoid, most obviously including child custody and child support, as well as the question of alimony or spousal maintenance payments. While unfortunate, sometimes the best answer for both spouses involved in such a case is to end the marriage and find a way to move on in their lives.
More Articles About Divorce in Arizona
- The advantage of Filing Divorce First in Arizona
- Are Prenuptial Agreements Enforceable in Arizona
- Arizona Divorce
- Arizona Divorce Attorney Reviews
- Arizona Divorce Child Custody
- Arizona Divorce Debt
- Arizona Divorce Forms
- Arizona Divorce Laws
- Arizona Divorce Laws Alimony
- Arizona Divorce Laws and Statutes
- Arizona Divorce Laws on Adultery
- Arizona Divorce Papers
- Arizona Divorce Practice
- Arizona Divorce Process
- Arizona Divorce Records Search
- Arizona Marriage Laws
- Asset and Property Search in an Arizona Divorce
- Arizona Divorce When You Can’t Find Your Spouse
- Change to Maiden Name After Divorce in Arizona
- Changing Orders in an Arizona Divorce Decree
- Children and Divorce in Arizona
- College Expenses After Divorce in Arizona
- Complex Divorce Cases in Arizona
- Conciliation Court Services in Arizona
- Consent Required for Marriage of Minors in Arizona
- Considering the Children during a Divorce in Arizona
- Convert to a Covenant Marriage in Arizona
- Coping With Divorce in Arizona
- Court Services to Save a Marriage in Arizona
- Custody of the Family Pet in a Divorce in Arizona
- Dissolution of Marriage in Arizona
- Divorce After Legal Separation in Arizona
- Divorce and Children in Arizona
- Divorce Arizona
- Divorce Case is on the Inactive Calendar in Arizona
- Divorce Court Jurisdiction in Arizona
- Divorce in Arizona Without Children
- Divorce Procedures in Arizona
- Divorce Records in Arizona
- Divorce Statistics in Arizona
- Divorce Support Groups in Arizona
- Domestic Violence and Divorce in Arizona
- Effect of Adultery on an Arizona Divorce
- Effects of Divorce on Children in Arizona
- Enforceable Arizona Prenuptial Agreements
- Failure to Include an Issue in an Arizona Divorce
- Filing for Divorce in Arizona
- Filing for Divorce to Receive Alimony in Arizona
- Guide to Divorce for Men in Arizona
- High Asset Divorce in Arizona
- High Conflict Divorce in Arizona
- High Net Worth Divorce Arizona
- How is a Divorce Finalized in Arizona
- How Long Does a Contested Divorce Take in Arizona
- How Long Does it Take to Get a Divorce in Arizona
- How Long Does it Take to Get Divorced in Arizona
- How Long Does Uncontested Divorce Take in Arizona
- How Long To Be Separated Before Divorce in Arizona
- How long to get Temporary Orders in Arizona
- How Much Does it Cost to Get a Divorce in Arizona
- How to Appeal a Divorce Decree in Arizona
- How To Find Good Divorce Attorney in Arizona
- How to Start a Divorce in Arizona
- Learn About Uncontested Divorce in Arizona
- Legally Separated File Divorce in Arizona
- Marital Settlement Agreement in Arizona
- The merger of the Settlement Agreement in Arizona
- Military Divorce Laws in Arizona
- Misled Into Signing Divorce Settlement in Arizona
- Modifying a Divorce Decree in Arizona
- No Contest Divorce in Arizona
- No-Fault Divorce in Arizona
- Order to Pay Spouses Attorney Fees in Arizona
- Parenting Class During a Divorce in Arizona
- Petition for Dissolution of Marriage in Arizona
- Protect Children in a Divorce in Arizona
- Quick Divorce in Arizona
- Reasons for Divorce in Arizona
- Reasons to File for Divorce in Arizona
- Represent Yourself in Arizona Divorce Case
- Same-Sex Divorce in Arizona
- Sealing Court Records in an Arizona Divorce
- Sell Home During Divorce in Arizona
- Selling Property During a Divorce in Arizona
- Served With Divorce Papers in Arizona
- Serving Divorce Papers by Publication in Arizona
- Should I Keep the House in a Divorce in Arizona
- Social Media Evidence in Divorce in Arizona
- Stop an Arizona Divorce
- Stop an Arizona Divorce if You Change Your Mind
- What Happens at a Resolution Management Conference in Arizona
- What Happens If the Divorce Case Goes to Trial in Arizona
- What Happens Temporary Orders Hearing in Arizona
- What is a Covenant Marriage in Arizona
- What is a Default Divorce in Arizona
- What is a Family Law Master in an Arizona Divorce Case
- What is a Preliminary Injunction in an Arizona Divorce
- What is a Temporary Orders Hearing in Arizona
- What is the Divorce Process in Arizona
- What Reasons Do I Need to Obtain a Divorce in a Covenant Marriage in Arizona
- What to do When Served with Divorce Papers in Arizona
- When Can I File For Divorce in Arizona
Chris Hildebrand wrote this article to ensure everyone has access to information about family law in Arizona. Chris is a divorce and family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and, quite frankly, actually caring about what his clients are going through in a divorce or family law case. In short, his practice is defined by the success of his clients. He also manages all of the other attorneys at his firm to make sure the outcomes in their clients’ cases are successful as well.
As Seen on CBS News, ABC News, NBC News, and Fox News