Trying to decide between divorce or legal separation in Arizona? If you’re considering ending or redefining your relationship with your spouse, it’s important to understand your legal options. At The Shaw Law Group, we often help clients navigate this exact decision and understand the right path depends on your personal, emotional, and financial goals.
This article breaks down the key differences between legal separation and divorce in Arizona, so you can make a more informed decision about what’s best for you and your family.
What Is Legal Separation in Arizona?
Legal separation is a formal court order that allows married couples to live separate lives without officially ending the marriage.
In a legal separation:
- You and your spouse live apart.
- You’re no longer financially responsible for one another.
- The court still divides assets and debts.
- Parenting time, legal decision-making, child support, and spousal maintenance are all addressed.
But here’s the key: You are still legally married. That means you cannot remarry unless the legal separation is later converted into a divorce.
What Is Divorce in Arizona?
Divorce, also known as dissolution of marriage, is the legal process that ends a marriage entirely.
In a divorce:
- The court declares the marriage “irretrievably broken.”
- You and your spouse are no longer married.
- You’re free to remarry in the future.
- Parenting time, legal decision-making, child support, and spousal maintenance are all addressed.
Think of divorce as the final step, while legal separation can be a pause, a reset, or a stepping stone.
Why Choose Legal Separation?
Legal separation isn’t just a softer version of divorce, it can offer real advantages depending on your circumstances.
Common reasons people choose legal separation:
- Religious or moral beliefs that discourage divorce
- A desire to maintain health insurance benefits or other spousal privileges
- The hope of working through marital challenges without a full break
- A more gradual approach to ending the relationship
Did You Know? In Arizona, a legal separation can later be converted into a divorce if either spouse chooses to take that next step. Alternatively, the legal separation can be dismissed if you reconcile.
Divorce vs. Legal Separation: Which One Is Right for You?
There’s no one-size-fits-all answer. This decision depends on your goals, your values, and your situation.
You might consider legal separation if:
- You’re not sure if the marriage is truly over.
- You want space to figure things out without fully dissolving the marriage.
- Health insurance or financial benefits depend on remaining legally married.
You might consider divorce if:
- You’re ready to fully end the marriage.
- You want a clean legal and financial break.
- You plan to remarry or move forward independently.
This is where working with an experienced Arizona family law attorney can make all the difference.
Talk to a Family Law Expert Who Understands Arizona Law
Whether you’re leaning toward legal separation or divorce, having the right legal guidance is critical. At The Shaw Law Group, we help Arizona residents explore their options and make decisions aligned with their future, and we also share helpful tips and answers to your questions on our website and YouTube channel.
Schedule a consultation today to talk through your situation and get clarity on the next steps. We’re here to protect your rights and support your peace of mind.