Not everyone who wants to separate is ready for a divorce. Some people have religious or personal reasons for staying married. Others aren't sure yet whether the marriage is truly over. For those clients, I often get asked about legal separation. In Arizona, legal separation and divorce look very similar in many ways. But there is one big difference, and a few smaller ones, that are worth understanding before you decide which path is right for you.
The Big Difference: You Stay Married
A divorce (called "dissolution of marriage" in Arizona) ends the marriage. A legal separation does not. After a legal separation, you and your spouse are still legally married. That means neither of you can remarry unless you later get a divorce. Everything else, though, can be resolved in a legal separation just as it would be in a divorce.
What a Legal Separation Can Decide
A decree of legal separation can address:
Division of community property and debts
Spousal maintenance
Legal decision-making and parenting time
Child support
Once the decree is entered, property and debts acquired afterward are generally treated as each spouse's separate property, just like after a divorce.
Both Spouses Have to Agree
This is the part that surprises many people. Under A.R.S. § 25-313, the court can only grant a legal separation if both spouses agree to it. If one spouse files for legal separation and the other objects and wants a divorce, the court will treat the case as a divorce. In other words, you can't force your spouse to stay married through a legal separation.
Residency Requirements Are Different
To file for divorce in Arizona, at least one spouse must have lived in Arizona for 90 days before filing. A legal separation has a lower bar: one spouse only needs to live in Arizona at the time the case is filed. This can matter for people who have recently moved here.
Why Do People Choose Legal Separation?
The reasons vary, but common ones include:
Religious or moral beliefs about divorce
Uncertainty about whether the marriage is over, while still needing financial and parenting protections now
Benefits considerations, such as health insurance or certain government benefits that may depend on marital status
Personal or family reasons for remaining legally married
Can a Legal Separation Become a Divorce Later?
Yes. If one or both spouses later decide to end the marriage, either can file for divorce. Because property, support, and parenting issues have usually already been resolved, the divorce process is often much simpler the second time around.
Which Option Is Right for You?
There's no one-size-fits-all answer. Legal separation can be a good fit when there's a real reason to remain married. But because it requires agreement from both spouses and addresses the same issues as a divorce, it isn't necessarily faster, cheaper, or less complicated. If you're trying to decide between legal separation and divorce, I'm happy to walk through your goals with you, explain how each option would work in your situation, and help you take the next step with realistic expectations.
