Understanding Legal Separation vs. Divorce in Arizona

When couples in Arizona find themselves at a crossroads in their marriage, they often wonder whether legal separation or divorce is the best option. As a family law attorney, I frequently counsel clients on the differences between these two legal processes and help them determine which path aligns with their needs and goals.

What is Legal Separation?

Legal separation allows a married couple to live apart while remaining legally married. This means that while they are no longer living together as spouses, they still retain certain legal rights and responsibilities toward each other. In Arizona, legal separation is a formal process that requires a court order, similar to a divorce.

For an official overview of legal separation laws, you can visit the Arizona State Legislature website.

Why Choose Legal Separation Over Divorce?

There are several reasons why a couple might choose legal separation instead of divorce:

Religious or Personal Beliefs: Some couples have religious or moral objections to divorce and prefer to remain married while living separately.
Health Insurance and Benefits: Legal separation allows one spouse to remain on the other’s health insurance or retain other marital benefits.
Financial Considerations: Some couples find that staying legally married provides financial advantages, such as tax benefits or Social Security eligibility.
Hope for Reconciliation: Some couples choose legal separation as a trial period to determine if they can repair their marriage without the finality of divorce.

What is Divorce?

Divorce, also known as dissolution of marriage, is the legal process of terminating a marriage. Once a divorce is finalized, both parties are legally single and free to remarry. Divorce involves dividing marital assets, determining spousal maintenance (alimony), and establishing child custody and support if applicable.

Key Differences Between Legal Separation and Divorce

Marital Status: In a legal separation, you remain legally married; in a divorce, the marriage is fully dissolved.
Property and Debt Division: Both processes involve dividing assets and debts, but legal separation may allow for certain financial benefits to continue.
Ability to Remarry: Legally separated individuals cannot remarry, whereas divorced individuals can.
Spousal Support: Both legal separation and divorce can include orders for spousal maintenance, but the duration and structure may differ.
Parental Rights and Responsibilities: Both legal separation and divorce require legal arrangements for child custody, visitation, and support.

How to Decide Between Legal Separation and Divorce

Choosing between legal separation and divorce is a deeply personal decision that depends on your unique circumstances. If you and your spouse are unsure about permanently ending your marriage but need legal protections and financial clarity, legal separation may be a good option. However, if you are certain that reconciliation is not possible and you want to move forward with a new chapter in your life, divorce may be the best choice.

Navigating the Legal Process

Both legal separation and divorce require filing a petition with the court and resolving key issues such as property division, spousal support, and child custody. The process can be complex, which is why it’s important to work with an experienced family law attorney who can guide you through the legal steps and advocate for your best interests.

If you’re considering legal separation or divorce in Arizona, I encourage you to schedule a consultation. Understanding your options can help you make the best decision for your future and ensure that your rights are protected throughout the process.

Excellent

Brown Family Law

4.8

Based on 917 reviews

See all reviews

heather saris

Anne Greyson long was great to work with she really listens and fights for her clients thank you so much for all your hard work

Response from the owner:Thank you, Heather. Glad Anne-Greyson helped you so well.

Chris Porter

You get what you pay for, and the Brown Family team is worth every penny. We truly appreciated their team-based approach, making sure that every detail of our case was thoughtfully handled. They were incredibly easy to work with, kept us informed throughout the process, and made sure no question ever went unanswered. By far the best family attorneys I’ve worked with, and the only ones I’ll call if I ever need legal help again.

Response from the owner:Chris, thank you. Glad we were able to guide you through your process.

Joselyn Cortes

Andrew made the whole process smooth and quick! Kept me updated on any changes, and followed up with me constantly!

Made me feel at ease throughout the whole process and made sure I felt seen/ heard!

Response from the owner:Joselyn, thank you for the kind words.

Suzanne Stevens

David Handy is my attorney and he is excellent. He understands my cases and is well informed to defend my needs and the needs of my kids. He is supportive and compassionate. Telling me how things are and what to expect. He does very well with my high conflict cases (protective order and divorce). I highly recommend him and the Brown Family Law firm. Everyone I have talked to is helpful. Especially Conor Schetzel who is currently the paralegal on my cases.

Response from the owner:Suzanne, thank you and glad David has taken care of you.

Jaren Harmon

Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!

Response from the owner:Jaren, thank you for the referrals.

Meghann Christensen

I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.

Response from the owner:Meghann, so glad Ray and Carren took good care of you.

Monica Cooper

I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.

Response from the owner:Thank you, Monica.

Michael Bringhurst

Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.

Response from the owner:Mike, thank you for the kind words and the referrals.

David Thimm

When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.

Response from the owner:David, thank you for our conversation and taking the time to leave this review.

Steve Baum

My experience with Jennifer and Brown Family Law was nothing short of amazing. From the very beginning of my initial consultation all the through until my case was settled, I was well taken care of and updated every step of the way. I felt like my team genuinely cared about the outcome of my case, which was refreshing. You get what you pay for, and Brown Family was worth every penny. To say I highly recommend this group is an understatement.

Response from the owner:Thank you very much, Steve. Glad Jennifer took good care of you.

More reviews