For those considering a change in their marital status, the options are not just limited to divorce. In Arizona, married couples can also file for a legal separation. Legal separation and divorce are initiated and processed in similar ways in the state.
When you are considering legal separation vs divorce in Arizona, it is key to know the ins and outs of each process, including what each type of separation entails and the legal consequences of choosing a particular path. The family law attorneys at Desert Legal Group can help you compare the processes so you can assess whether divorce or legal separation is the right option for you.
What Is Legal Separation in Arizona?
Legal separation and divorce are similar in Arizona, but there are key differences. Legal separation provides a way to break legal ties with your spouse. The marriage itself, however, still exists.
Legal Separation Definition and Legal Framework
Arizona Statute 25-313 provides the requirements for obtaining a decree of legal separation. A married couple may enter into a legal separation in Arizona as long as one of the spouses lives in the state.
To file for a legal separation when minor children are involved, couples should file the following documents:
- A Petition for Legal Separation with Minor Children
- A detailed Parenting Plan with a division of child custody and visitation
- An Affidavit Regarding Minor Children with the children’s information
- An Order and Notice to Attend Parent Education
- A Preliminary Injunction prohibiting changes to child living arrangements or marital property pending the legal separation.
- A Notice Regarding Creditors outlining details of existing marital debt
- A Child Support Worksheet
For legal separations with no minor children, a different Petition for Legal Separation should be filed, and the documents pertaining to children need not be submitted.
Key Features of Legal Separation
To pursue a legal separation in Arizona, both parties must agree to initiate the process. If there is disagreement, a divorce petition may be filed instead.
When a couple is legally separated in Arizona, they are able to embark upon the legal division of their marital property and can enter into a child custody, child support, and spousal support agreement. Both parties may retain their property separately if they choose to reconcile and file for divorce later on.
What Is Divorce in Arizona?
In Arizona, divorce, which is referred to as dissolution of marriage, requires a process similar to legal separation. With a divorce, however, all legal marital ties are permanently severed.
Divorce Definition and Legal Process
A dissolution of marriage can be issued by an Arizona court under Arizona Statute 312. A person may file for dissolution as long as they meet the requirements laid out in the statute, including residency requirements.
Similar forms to the legal separation process are submitted, though the couple must file a Petition for Dissolution of Marriage (Divorce) instead of a Petition for Legal Separation. It is also necessary to include a Notice of Your Rights about Health Insurance Coverage.
Key Features of Divorce
The similarities in the process for filing for legal separation and filing for marriage dissolution (divorce) include the division of assets, child custody matters, and child or spousal support, if applicable.
Unlike a legal separation, a divorce is final.
There are additional features of a divorce that do not apply to a legal separation, such as:
- To file for marriage dissolution, one of the spouses must meet the 90-day residency requirement.
- There is a 60-day waiting period following the filing of a divorce petition before a judge may review and finalize it.
- A respondent spouse has a specified time to respond to a divorce petition once they have received a summons or if a service by publication was issued.
- A default decree may be issued for a divorce if the other party does not respond.
Once the divorce is finalized, the judge may issue a divorce order with a detailed settlement on financial and child custody issues.
Arizona Legal Separation vs Divorce: Key Differences
The difference between separation and divorce may seem minimal. There are, however, some aspects of legal separation that are strikingly different from a divorce, and there are procedural, financial, and legal implications you should be aware of.
Initial Requirements and Process
One of the ways divorce differs from legal separation is in the process of filing and obtaining each. Legal separation can be initiated immediately as long as one of the spouses lives in Arizona. For divorce, there is a minimum length of residency requirement to file.
Divorces can be filed by either party in a marriage without the consent of the other. With a legal separation, both spouses must be in agreement about entering into the process.
A legal separation process can begin upon filing the adequate paperwork. When a spouse files for divorce, there is a waiting period before a judge may review their request.
Emotional and Financial Considerations
Though a legal separation may, at times, result in a more speedy process, you may still be required to communicate and deal with your spouse on certain legal and financial matters post-separation, which may be emotionally straining.
There are also financial considerations to keep in mind for couples who are legally separated, including the ability to keep a married spouse in your health insurance coverage and either spouse being entitled to the retirement and social security benefits of the other.
Legal Status and Remarriage
When discussing a legal separation vs divorce in Arizona, you should understand that while legally separated, you are still legally married. If you and your spouse decide to reconcile down the road, you may request that your legal separation be terminated.
Finalizing a divorce, however, ends the marriage relationship. Therefore, if both parties want to legally re-establish a marital relationship, you must remarry.
Benefits of Legal Separation in Arizona
So far, we have covered what legal separation and divorce are in Arizona, the process for obtaining each in the state, and some key differences between the two that you might want to consider. You may still be curious regarding the benefits of legal separation in Arizona. There are several advantages to pursuing a legal separation.
Maintaining Health Insurance and Benefits
Retaining your marital status through legal separation can allow you to retain some important financial benefits. A spouse may remain in their partner’s health insurance plan if they are legally separated, for instance. They are also entitled to social security or retirement benefits from their former partner. Military spouses may also maintain access to certain opportunities that are afforded to them.
In most cases, legal separation also exempts either party from liability for future debts incurred by their partner.
Trial Period Before Divorce
Another advantage to legal separation is that it can serve as a trial period before pursuing divorce. Divorce is final and carries many financial implications for both parties beyond the division of property. For couples that need to separate but are unsure if divorce is the right step for them, legal separation can provide space to reflect before taking the final step to sever all marital ties.
Disadvantages of Legal Separation in Arizona
Weighing the disadvantages of legal separation in Arizona against the benefits is important when contemplating if this is the most appropriate path for you and your family.
Potential For Prolonged Conflict
A legal separation may help facilitate the process of separation before a divorce filing. It could, however, also delay the dissolution of the marriage in the long run.
Disagreements between both partners while they are separated may make it difficult to separate any remaining legal ties between the two. Child custody and support disputes may also arise during a legal separation, which may make a divorce more contentious.
Financial Implications
The financial implications of a legal separation may also be disadvantageous in ways that neither spouse has considered. Since spouses may retain benefits following a legal separation, one of the parties may be financially responsible for some aspects of their former partner’s life. Depending on the settlement provided by the court, this may impose a financial burden on one of the spouses.
For some, the disadvantages of legal separation in Arizona may outweigh the benefits. It is best to reflect on both options before deciding which one to pursue.
Choosing Between Legal Separation and Divorce in Arizona
When considering whether legal separation or divorce is right for you, there are several factors a skilled family law attorney can help you evaluate.
- Personal Factors – Legal separation may be an ideal option for individuals who hold certain religious beliefs related to marriage. You may separate physically and financially from your spouse while still maintaining the covenants of your faith.
- Emotional Factors – Some individuals may not be emotionally ready to terminate their marriage. In this case, legal separation allows the space to further reflect on whether a divorce is appropriate. A divorce may be ideal, however, if you would like to move into a new romantic relationship.
- Financial Factors – Though legal separation may still mean a division of marital property and the issuance of spousal and child support orders, it does not sever all financial ties. You may want to consider whether divorce is a better financial decision for you to pursue.
How Desert Legal Group Can Help You Navigate Your Options
There is no one-size-fits-all solution for marriages, and it is important to seek professional legal advice when deciding between a legal separation and a divorce in Arizona. Working with a qualified family law attorney helps provide the answers you seek for your unique situation.
Desert Legal Group provides comprehensive family law support for communities in Arizona. We bring a wealth of expertise and dedicated support to each case. Working with an attorney before you begin the process of ending your marriage can help you ensure you find the most adequate solution for your case.
Here’s how our attorneys can help you.
Expertise in Arizona Family Law
We have years of practice resolving legal separation and divorce cases in Arizona courts. We can provide in-depth answers to your questions and walk you through the process step by step.
Whether you need assistance determining if legal separation or divorce is right for you, filing the needed paperwork, serving your partner paperwork, or drafting an optimal divorce agreement, we work diligently with you to avoid delays and ensure that you are choosing the best path for your family.
Personalized Guidance For Every Situation
Just as no two couples are alike, no two divorce or separation cases are alike. Desert Legal Group sets itself apart by providing tailored solutions for each relationship. Our divorce attorneys take the time to evaluate every aspect of your case and advise you regarding the most appropriate path for your situation. Let us help you determine whether you need to initiate divorce papers in Arizona or consider a separation.
Legal Separation vs. Divorce in Arizona FAQs
Both legal separation and divorce are options available to couples who want to. Here are some frequently asked questions about these two processes that can help make your decision less complicated.
Both Legal Separation and Divorce Offer Advantages
There are several advantages to pursuing either a legal separation or a divorce in Arizona. A legal separation allows couples who are not ready to pursue divorce the chance to live separately and to divide marital property and child custody. Divorce is final; obtaining a marriage dissolution means severing all legal and financial ties with your partner. While many couples are ready to move on and end the marriage, others may want to retain insurance or other benefits.
At Desert Legal Group, we are ready to help you make the most appropriate choice for your unique situation. Our trusted attorneys provide compassionate legal services to families in Arizona to ensure people like you can find the right solution to move toward a happy, healthy life.
Schedule a consultation today to discuss your situation with one of our seasoned attorneys.
Sources:
- Arizona Court Help. (n.d.). Divorce: Covenant. Arizona Court Help. Retrieved from https://azcourthelp.org/faq/divorce/330-divorce-covenant
- Arizona Court Help. (n.d.). How do I file for legal separation? Arizona Court Help. Retrieved from https://azcourthelp.org/faq/separation/329-file-separation
- Arizona Court Help. (n.d.). Separation forms. Arizona Court Help. Retrieved from https://azcourthelp.org/forms/separation-forms
- Arizona Judicial Branch. (n.d.). Divorce and legal separation. Superior Court of Arizona, Maricopa County. Retrieved from https://superiorcourt.maricopa.gov/departments/superior-court/family/divorce-legal-separation/
- Arizona Judicial Branch. (n.d.). Divorce decree resources. Superior Court of Arizona, Maricopa County. Retrieved from https://superiorcourt.maricopa.gov/departments/superior-court/family/divorce-legal-separation/divorce-decree-resources/
- Arizona Judicial Branch. (n.d.). Family court: Divorce and legal separation forms. Superior Court of Arizona, Maricopa County. Retrieved from https://superiorcourt.maricopa.gov/llrc/fc_drlsc1/
- Arizona Judicial Branch. (n.d.). Divorce legal separation with children packet. Superior Court of Arizona, Maricopa County. Retrieved from https://superiorcourt.maricopa.gov/media/f5lbrqt0/drlsc10pz.pdf
- Arizona Judicial Branch. (n.d.). Divorce legal separation without children packet. Superior Court of Arizona, Maricopa County. Retrieved from https://superiorcourt.maricopa.gov/media/jfnjzoif/drdsc11pz.pdf
- Arizona Judicial Branch. (n.d.). Legal separation affidavit form. Superior Court of Arizona, Maricopa County. Retrieved from https://superiorcourt.maricopa.gov/media/e5pon2bh/drlsa1z.pdf
- Arizona Supreme Court. (n.d.). Covenant marriage affidavit and agreement. Arizona Judicial Branch. Retrieved from https://www.azcourts.gov/Portals/31/Other%20DR/covenant.pdf
- Arizona Revised Statutes. (n.d.). ARS § 25-211: Validity of marriage. Retrieved from https://www.azleg.gov/ars/25/00211.htm
- Arizona Revised Statutes. (n.d.). ARS § 25-213: Separate property. Retrieved from https://www.azleg.gov/ars/25/00213.htm
- Arizona Revised Statutes. (n.d.). ARS § 25-313: Decree of legal separation. Retrieved from https://www.azleg.gov/ars/25/00313.htm
Attorney Cory Keith is an exceptional legal professional dedicated to providing effective representation for his clients. Driven by the belief in treating others how he would want himself represented, Mr. Keith has earned a name for himself for his unflagging advocacy and compassionate approach to law.
Mr. Keith attended Arizona State University, earning his Bachelor’s in Criminal Justice and Criminology through a full academic scholarship. With outstanding performance, he received another full ride academic scholarship to attend law school, where he demonstrated exceptional leadership abilities by accepting executive roles in various organizations as well as serving as legal clerk at multiple well-respected law firms.