FAMILY LAW

LEGAL SEPARATION

 
 
 

LEGAL SEPARATION

In order to file for a "Legal Separation" in Arizona, the following main requirements must be met:

  • Either you or your spouse have been domiciled in Arizona for a period of at least 90 days or one of the parties is stationed in Arizona while a member of the armed service;

  • One or both of the parties desires to live separate and apart; and

  • The other party does not object to a decree of legal separation

The Legal Separation Decree, similar to the Divorce Decree, resolves all pertinent issues pertaining the disposition of community property and debts, spousal maintenance, child custody, and child support.  

Why file for Legal Separation instead of a Divorce?

While a Legal Separation Order affects the disposition of property or determination of custody in much the same way as a Divorce Decree, generally it is a personal decision for individuals who wish to circumvent a divorce due to religion, insurance, taxes, age, or medical coverage reasons.   

Can you convert a legal separation to a divorce after the fact?

Yes. You must file a motion to convert the legal separation to a divorce.