Written by Canterbury Law Group

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

Need a Divorce Lawyer in Scottsdale or Phoenix?

As proven legal counsel in family court, we have a network of Arizona attorneys, expert witnesses, mediators, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our lawyersdivorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-744-7711 or [email protected]. Our family lawyers can also help with divorce litigation, child custodylegal guardianshippaternityprenuptial agreements, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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