Legal Separation vs Divorce in Arizona

In Arizona, legal separation is the process that allows a couple to live separately while still being married, whereas divorce is the legal process of marriage termination. Read on to learn more.

Reasons To Get A Legal Separation

• Remain married for moral or religious reasons not to divorce
• The continuation of benefits such as social security or health insurance
• Serving as a trial period to determine if the marriage can be saved
• Useful when you are not 100% sure you want to get divorced
• To keep finances, separate, divide debts and assets and protect yourself from the other spouse’s future debt
• Avoiding the stress of negotiating a divorce agreement

According to AuritMediation, “In Arizona, Legal Separation is a viable alternative to divorce for some married couples. For financial reasons, religious reasons, reasons that include possible reconciliation, or even reasons involving health insurance coverage, spouses sometimes decide to move forward with legal separation, rather than divorce.”

Reasons To Get A Divorce

• To end permanently end the marriage
• To marry someone else
• To avoid the financial commitment of a legal separation and then a divorce

According to DivorceNet, “Legal separations are, for the most part, temporary and intended to be a placeholder for reconciliation or divorce. Life moves quickly, and it’s common for separated couples to request a divorce when one spouse plans on remarrying, which a party can do by filing a request with the local court.”

The agreement terminates automatically when one of the spouses passes away or when either spouse files for divorce and obtains a divorce decree.

According to MyModernLaw, “If a spouse has significant health issues and the cost of health insurance would be prohibitive, the parties may choose to pursue a legal separation in order that the spouse needing the medical insurance may remain on the other spouse’s coverage.”

What Is A Legal Separation Agreement?

According to OgborneLaw, “a legal separation agreement is: “a legally binding agreement between you and your husband to resolve issues such as the division of assets and debt, alimony/spousal support, child support, and visitation.”’

How Long?

It takes from 90 to 120 days in the state of Arizona as an average. First you must file a petition for legal separation. The wait is then 30 days for the other party to respond. It then takes roughly another 60 days to obtain the divorce decree.

Source:  https://family.findlaw.com/divorce/uncontested-divorce.html