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.

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bjenness79

I highly recommend Nathaniel Garrabrandt and Brown Family Law. If you are going through a divorce and your parental rights are being falsely challenged they are a great option. Nathaniel and Brown family law are professional, very knowledgeable, and know how to navigate within the broken and biased Utah family law court system. They were highly communicative throughout the process. They can potentially save you a lot of time and money if lawfare is being waged against you.

Barbara Thayer

Could not help with my case but referred me to someone who could .

Trisha Caldwell

Clay Randle was great and I would highly recommend him for an attorney.

Danny Caine

Russell was my Lawyer at Brown Family Law. He helped me through my multiple cases after my divorce. He was very responsive whenever I had questions about my cases or understanding how the law works. Russell was respectful of how he used my retainer and always gave me good sound advice even if it wasn’t what I wanted to hear. I highly recommend his services if you’re looking for a top notch Family lawyer! 5 out of 5 stars ⭐️⭐️⭐️⭐️⭐️

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I recently engaged Andrew to review my divorce decree that was finalized in another state. He gave me excellent advice. I did not feel pressured to proceed one way or another. Instead, he gave me very reasonable scenarios to consider and allowed me to proceed down the path that felt most comfortable to me.

Natalie Warner

Clay Randle with Brown Family Law was excellent! I love the way the procedures with this company are organized. The attorney calls every Friday to check in with you so there’s no phone tag. Questions are answered very timely every week. Clay was very prompt in responding to emails. He was also great to “read the room” or the situation rather. Throughout the divorce, where grace was extended and healthy negotiation prevailed, he appeared to navigate the process in a calm and skillful way. I could see how he definitely had the capacity to respond in a more contentious, emotionally charged way if needed. He encouraged healthy boundaries with the splitting of assets and he understood both sides of what could happen if asking for a specific thing in the divorce. During a painful situation, Clay was able to crack some (tasteful) jokes and tried to keep a heavy situation feel a little less heavy. Couples seeking a divorce would be wise to choose Brown Family Law. They will be in great hands.

Dusty Boyer

I wholeheartedly recommend Andrew Christensen to anyone facing a divorce or custody battle. His passion and thoroughness as a divorce and custody attorney are truly exceptional. You’d think his name was on the firm’s door with the way he handles business—pouring his heart and expertise into every detail, even though it’s not his firm! From our first meeting, Andrew went far beyond a typical consultation, taking the time to listen, understand my situation, and craft a strategy that led to a successful outcome in my custody case. His dedication, compassion, and meticulous approach make him stand out. If you need an attorney who will fight for you like it’s personal, Andrew is the one to call!

Natalie Lewis

I absolutely believe that Brown Family Law is the best divorce attorney law firm in Utah. Attorney Ray Hingson did a fantastic job for me in a complicated divorce. He was there to guide me through the entire process. Ray touched base with me every week AND every time I called with worries or concerns. He handled things confidently and professionally. He took time to meet with me and explain everything so I could understand it. I felt like he really cared and wanted to do his best for me. His paralegal, Carren Leavitt, was also extremely helpful. All I had to do was pick up the phone and call her and she arranged a time for Ray to call me right back. She was always prompt and caring. I couldn't be happier!

natalie schaat

Anne and Josh are Fantastic!!

Libbie Duarte

I couldn’t have done it without Nathaniel Garrabrandt and the Brown Family Law truly the best experience and people to work with thank you!!

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