Legal Separation vs Divorce in Arizona: Differences Explained

What is Legal Separation in Arizona

A legal separation is a voluntary arrangement between two married couples, or a court ordered arrangement, where the couple lives separately but remains legally married. In Arizona, legal separation is initiated by filing a petition, and it requires some of the same things that are required for divorce.
Arizona law requires legal separation to address issues such as property division, spousal support (alimony), child support, legal decision making, parenting time, and many other issues that are typically addressed in a divorce. However, with legal separation, you are not legally required to address all of those issues, but they are available.
Legal separation is an alternative that some people believe will allow the parties time to resolve their issues without having to go through a divorce. However, once a party files for legal separation, the other party can still choose to proceed with a divorce.
Some couples may find that after living separately , it has helped them realize that they are happier apart. However, sometimes, living apart in a legal separation will help the spouses realize that they actually do want to stay married. In fact, some married couples who are on the verge of divorce will choose to get legal separation first because it may help them to resolve some of their differences.
In fact, legal separation is legally recognized in all 50 States. However, there are differences in how States deal with legal separation. In Arizona, we actually have a legal annulment instead of legal separation, so the process is slightly different than what it would be in many other States.
An annulment goes beyond just separating the couple. It will annul the marriage itself, and erase it from the eyes of the law. This can be done if at least one of the parties claims a mistake during the marriage.

What is Divorce in Arizona

Just like a legal separation, divorce is also governed by the law. With a legal separation, with all the complexities of the final legal outcome, the bottom line is that you are still legally married at the end of the process. A legal separation gives you the opportunity to separate from your spouse with the option to return to being legally married at some point in the future.
Under Arizona law, you can obtain a divorce on the grounds of irreconcilable differences. This means the parties have differences in their marriage that they cannot settle, and this cannot be repaired even after counseling.
To file for divorce in Arizona, you or your spouse must have lived in the state for at least nine months before you file. Within those nine months, you must have lived in the county where you are filing at least three months. So, if you and your spouse no longer live in the same county, you can file in the county where you were living together at the time you file.
When you file for divorce, in response, the court will send an order to show cause. This is to explain why a court order should not be issued describing who will be responsible for living expenses, caring for children, debts, and more. These hearings are used for determining the child support, spousal maintenance, and division of community property issues the couple is having.
Again, it is up to a judge to determine how your property will be divided according to Arizona law. The divorce agreement covers the following:
Also included is information about minor children, including physical and legal custody, child support, parenting time, and visitation rights.
At the time you file for divorce, you must meet residency requirements. The petitioner must have lived in Arizona for at least 90 days before filing.
Arizona is a "community property" state meaning any assets acquired during the marriage, whether jointly or individually, are considered community property.
Dividing the property is based on several factors:
It differs from legal separation in that the parties are ending their relationship as spouses. A decree of divorce terminates the marriage, property rights, and marital status.

Legal Separation vs Divorce in Arizona

Legal Separation vs Divorce in Arizona: Key Differences and Considerations
When it comes to the legal end of a marriage, most people are aware of what a divorce entails. Still, many are surprised to learn that there is another option in the state of Arizona: legal separation. While legal separations can serve as a buffer between cohabitation and divorce, they are not right for every couple. If you’re still on the fence about what course of action to choose, here’s an overview of some of the key differences between legal separation and divorce in Arizona:
Legal status. When you obtain a divorce, your relationship is completely nullified, except in the eyes of the government. Once you’re divorced, the previous relationship has no bearing on your lives. Contrary to popular belief, you don’t have to wait any length of time to remarry after the divorce; parents are perfectly free to move on and create a blended family.
If you were to legally separate rather than divorce, you would be considered married in the eyes of the law (and the eyes of your church, if applicable). In this case, you would not be free to marry another person without first obtaining a divorce.
Emotional considerations. A divorce represents the end of a long chapter in your life. Some people choose this option to punish their spouse and avoid dealing with them personally. In many cases, legal separation is just a step on the road to divorce; it will often help you deal with the practical realities of separating from another person before you make it official.
In this case, legal separation is a sympathetic approach that allows each party to tackle the various issues that must be addressed before obtaining a divorce while offering time for both parties to adapt to the idea of divorce. However, divorce presents practical concerns that lawyers are better able to address, including child custody and division of property.
Property. Although property division may be part of a legal separation, it’s likely that parties will not take this step without first dividing their property and asset. In the event of a legal separation, however, spouses will continue to share assets, creating confusion regarding which belongs to whom.
With divorce, the matter is much easier to address. Both parties can file clear and detailed financial disclosures that clearly establish ownership of shared property before creating a plan for separation based on these documents.

Advantages and Disadvantages of Legal Separation

For many, the decision to get a legal separation is often much better than moving forward with divorce. While some couples do not have any intentions of getting divorced, they find that many of the following advantages that come with a legal separation are too good to pass up. No matter what, a legal separation does not renew the marriage. However, it is an option that many couples look into for a variety of reasons. Some do not believe in divorce for religious reasons, others prefer this route because of their children or some other personal reason, and many choose this route because it is the right, practical option given their circumstances. In Arizona, a legal separation may be pursued to live apart from your partner while your divorce proceedings move can take place. It is important to note that while spouses are legally separated, they are not legally required to divorce. A divorce can still take place at any time.

Is Legal Separation or Divorce the Right Option?

Choosing between a legal separation and a divorce involves considering not just the legal implications but personal factors as well. It’s essential to weigh the pros and cons of both options to determine which course of action is in your best interest. One of the initial steps you should take is to consult with a qualified attorney who specializes in family matters. An attorney can help you understand the process and implications of either a legal separation or divorce, taking into account your unique circumstances. You must make well-informed decisions before executing any legal documents. Understanding the emotional aspects of both legal separation and divorce is also critical to making an informed choice. Many couples opt for a legal separation because of emotional ties or religious beliefs. Others may prioritize financial factors in their decision-making. It’s essential to evaluate these facets before proceeding with either legal option. If children are involved, it’s crucial to take their needs into account before deciding on a legal separation or a divorce . Although it is difficult to determine what is in their best interest, it’s necessary to approach the issue systematically, focusing on the health and well-being of the children. Thinking about your future is another important step in making a decision. Consider where you see yourself in five, ten, or twenty years, and how either a legal separation or a divorce will impact your life. There may be certain disadvantages to both options. If you decide to live apart, there’s no guarantee that your spouse will remain your partner or leave you alone for several years. Test the waters before committing to a new course in your life. If you eventually decide on divorce, an attorney can represent you throughout the process. Familiarizing yourself with the relevant provisions of your state’s laws is critical in getting the most out of the situation. It’s also wise to acquire adequate representation for the fight ahead to ensure the best possible outcome in your legal proceedings. Don’t make hasty decisions when choosing between a legal separation and divorce. Carefully evaluate your options before proceeding. Only you will know which situation is ideal for you, so consult with your attorney as you weigh the pros and cons of each alternative.

The Legal Process in Arizona

Pursuing legal separation or divorce in Arizona requires navigation through the court system, which is composed of local Superior Courts and the Arizona Supreme Court. Your first step in the legal process is to choose representation by a qualified family law attorney. Considerations when choosing an attorney include access to a free consultation, consideration of your finances, a responsive lawyer who provides detailed information on costs, and a personal rapport with regard to communication style.
The next step in the legal process is preparation of your petition (request) for legal separation or dissolution (divorce). This includes legal paperwork that states your marriage is broken and you have agreed to be legally separated or divorced. Next, you may need to provide information on the length of your marriage, your income and expenses, your debts and assets, and matters involving children, for example custody, visitation, or adoption. Fees may be charged for the services performed by an attorney. An experienced attorney will help you determine what to include based on your personal circumstances and the related laws.
The petition for legal separation or dissolution is then filed with the Family (Domestic Relations) Department of your local Superior Court office. Copies of the petition are provided to both parties, as are copies of the marital settlement agreement, if there is one. Often, a request for temporary relief (a temporary restraining order) is also filed. This temporary order then goes to the appropriate division, The Domestic Department, of your local Superior Court office, where it is reviewed and sent to a court commissioner for setting a hearing date (a judicial officer) to temporarily settle matters such as spousal support (alimony), child custody and support, and property division pending trial.
At the same time, your attorney researches Arizona laws and reviews your financial records to determine what support is needed for you or your spouse and/or children. This includes information on joint versus individual property ownership.
The final step in the legal process for legal separation or dissolution is a settlement agreement that is presented to the commissioner or judge for review and signatures. If there is no agreement, the judge will then refer you to trial (or a judicial settlement conference), where the court will hear evidence on disputed matters. If these differ from state requirements or your county amended requirements, your attorney will be sure they are met.

Conclusion: Making a Choice

In conclusion, the critical differences between legal separation and divorce in Arizona depend on the specific needs and circumstances of each individual couple. By understanding the advantages and disadvantages of each option, individuals can make an informed decision that best suits their situation. Legal separation offers a way to address many of the issues that typically arise in divorce, such as asset division, child custody, and maintenance, without completely severing the marital bond. However, it is important to note that a legal separation does not end the marriage, and individuals who choose this option should be prepared to potentially revisit certain decisions down the line.
On the other hand, divorce terminates the marriage and usually provides a more straightforward solution for managing property , debts, and parental rights and responsibilities. A comprehensive divorce agreement provides a clear framework for the post-divorce future and reduces ambiguity, which can help minimize conflict between spouses.
Ultimately, the decision to pursue a legal separation or a divorce in Arizona should be made after careful consideration of personal circumstances, goals, and legal needs in consultation with an experienced Arizona family lawyer. In some cases, an alternative approach such as a collaborative divorce may be more appropriate and less adversarial than litigation. Whatever the option, seeking the guidance of a qualified legal professional will ensure that individuals are fully informed and able to minimize conflict while achieving a fair and realistic resolution.