Legal Separation

In Arizona, legal separation is comparable to a divorce. However, as the parties are still legally married, neither spouse can remarry until they are divorced. There are circumstances where a legal separation is beneficial such as one spouse seeks to limit their exposure to debts that the other spouse is incurring. As stated earlier, legal separation and divorce both will determine how marital property will be treated; amount, if any, of spousal maintenance; and child support and custody if minor children are involved. Legal requirements to file for separation closely mirror the Arizona divorce requirements. Prior to filing for legal separation, it is wise to consult with a qualified and experienced family law attorney to who can effectively counsel clients as to which option better meets their goals.