Introduction
When a marriage is no longer working, couples in Scottsdale may consider either legal separation or divorce. While the two processes can deal with many of the same family issues, they have one major difference: legal separation does not end the marriage, while divorce does.
Arizona courts explain that legal separation determines the legal rights and responsibilities of spouses without terminating the marriage. Divorce, also called dissolution of marriage, legally ends the marriage.
Understanding the difference can help you make a choice that fits your family, finances, and future plans.
What Is Legal Separation in Arizona?
Legal separation is a formal court process. It is more than simply living in different homes or taking time apart.
During a legal separation, the court can make decisions about important family matters. These may include:
- Parenting time
- Legal decision-making for children
- Child support
- Spousal maintenance
- Property
- Debts
- Other financial responsibilities
The couple, however, remains legally married after the separation is granted. Arizona law also allows either spouse to later file for divorce.
For some Scottsdale couples, legal separation provides a way to live separately and organize their finances and parenting responsibilities without immediately ending the marriage.
What Is Divorce in Arizona?
Divorce is the legal process that ends a marriage.
Once the court enters a final decree of dissolution, the spouses are no longer married. This means they can generally move forward as single people and may remarry.
Like legal separation, a divorce can address issues such as property, debts, parenting time, child support, and spousal maintenance.
Arizona family-law cases generally require information about these issues when a person files for divorce or legal separation.
Legal Separation vs Divorce: The Main Difference
The easiest way to understand the difference is to look at what happens to the marriage.
| Legal Separation | Divorce |
| Marriage continues | Marriage ends |
| Spouses remain legally married | Spouses become legally divorced |
| Property and debts can be addressed | Property and debts can be addressed |
| Parenting arrangements can be decided | Parenting arrangements can be decided |
| Child support may be ordered | Child support may be ordered |
| Spousal maintenance may be addressed | Spousal maintenance may be addressed |
| Spouses cannot remarry each other or someone else while still married | Spouses can remarry after the divorce is final |
| Can later be followed by divorce | Permanently ends the marriage |
The two processes may look similar in some ways, but their legal results are very different.
Why Would Someone Choose Legal Separation?
Every family has different reasons for choosing legal separation.
Some spouses may still have hope of repairing their marriage. They may want time apart without taking the final step of divorce.
Others may have personal, financial, religious, or family reasons for remaining married while living separate lives.
Legal separation can also give spouses formal rules about money, property, children, and support instead of leaving everything based on informal promises.
For example, a couple may agree that the children will stay with one parent during the school week and spend weekends with the other parent. A court order can make those arrangements clearer.
Legal separation may also allow spouses to address financial responsibilities while keeping the marriage legally intact.
However, staying married can have effects on taxes, benefits, property, and other financial matters. These issues should be considered before choosing this option.
Why Do People Choose Divorce?
Divorce may be the better choice when one or both spouses believe the marriage should permanently end.
A divorce provides a final legal ending to the marital relationship. Once the divorce is complete, each spouse can generally make future plans as a single person.
Some couples choose divorce because they are certain that reconciliation is not likely. Others may have already lived apart for a long time and want a final legal arrangement.
Divorce can also give each person a clearer starting point for future financial and personal decisions.
What Happens to Children?
Both legal separation and divorce can address issues involving minor children.
A court may establish legal decision-making and parenting time. A parenting plan can explain when children will spend time with each parent and how important decisions will be handled.
Child support may also be ordered in either type of case. Arizona law specifically allows child support to be ordered in a legal separation proceeding as well as a divorce proceeding.
Parents should think about practical matters such as:
- School schedules
- Holidays
- Transportation
- Medical care
- Activities
- Communication between parents
- Special needs of the children
The goal is to create a plan that gives children stability and clear expectations.
How Are Property and Debts Handled?
Property and debts can be important parts of both legal separation and divorce.
Arizona law provides for separate property to be assigned to the spouse who owns it. Community and other property held in common is generally divided equitably, meaning fairly under the law. The court can also consider debts connected with the property.
Property can include:
- A family home
- Cars
- Bank accounts
- Investments
- Businesses
- Personal belongings
- Retirement accounts
Debts may include , credit cards, personal debits, and other financial obligations.
One important point is that simply moving out of a home does not automatically decide who owns it. Property rights should be addressed through the legal process.
What About Spousal Maintenance?
Spousal maintenance, often called alimony, can be considered in both divorce and legal separation cases.
Arizona law allows a court to consider a maintenance order in a legal separation proceeding or a divorce proceeding.
Whether support is appropriate depends on the facts of the case. The court may look at factors such as the financial needs of one spouse, the other spouse’s ability to pay, and other legal requirements.
Because support can affect both spouses for a long time, it is important to understand the terms before agreeing to them.
Can Legal Separation Become Divorce?
Yes.
Legal separation does not prevent either spouse from later seeking a divorce. Arizona law allows either spouse who has a legal separation decree to file for dissolution of marriage.
The divorce case is treated as a new and separate action, although it is filed under the same case number. Arizona law also provides that property decisions made in the legal separation generally remain in place unless the court finds a valid reason to reopen them.
This means a legal separation can sometimes be a step before divorce.
However, couples should not assume that moving from separation to divorce will automatically be simple. The terms of the separation and any agreements made during that process can affect what happens later.
Is There a Waiting Period?
Arizona has a 60-day rule for consent decrees in both legal separation and divorce cases. When both parties agree and want to proceed through a consent decree, at least 60 days must pass after service of process or acceptance of service before the consent decree can be submitted.
This does not mean every case will be finished in exactly 60 days.
Disagreements about children, property, support, or debts can make a case take much longer.
Arizona’s court processing standards also recognize that family-law cases can take different amounts of time depending on the circumstances. The standards include targets for cases to be completed within 180, 270, and 365 days, but these are court processing standards rather than guarantees for an individual case.
Can You Stay Married After Legal Separation?
Yes.
This is one of the biggest reasons some people choose legal separation instead of divorce.
If spouses later decide to reconcile, they can take steps to end the legal separation without getting divorced. The fact that the marriage was never legally ended means the spouses remain married unless a divorce is entered.
Still, couples should carefully review any property, debt, support, or parenting arrangements before changing their legal status.
What Should Scottsdale Couples Consider?
There is no single answer that works for every family.
Before choosing between legal separation and divorce, think about:
Your long-term goal: Do you want time apart, or do you believe the marriage should permanently end?
Your children: What parenting schedule and financial support will work best for them?
Your finances: How will income, bills, property, and debts be handled?
Your home: Do you own a house together, and what should happen to it?
Your future plans: Could remaining married affect future relationships, financial decisions, or other plans?
Your agreements: If you and your spouse agree on important issues, make sure those agreements are properly included in the legal process.
Arizona family-law actions are generally filed in the Superior Court of the county where one spouse lives, and at least one spouse must generally have lived in Arizona for at least 90 days before filing. If minor children are involved, Arizona courts state that the child generally must have lived in Arizona for at least six months before filing, subject to applicable exceptions.
Conclusion
Legal separation and divorce may deal with many of the same family issues, but they lead to very different results. Legal separation allows spouses to live separately and resolve important legal matters while remaining married. Divorce permanently ends the marriage.
For Scottsdale couples, the right choice may depend on children, finances, property, future plans, and whether there is still a possibility of reconciliation.
Understanding these differences before filing can help you make a more informed decision about your family’s future.
Find us on Google or view our Scottsdale office to learn more about local family-law resources and your legal options.
Frequently Asked Questions
Is legal separation cheaper than divorce?
Not always. Both processes can involve court filing fees, legal work, property issues, parenting matters, and support questions. The cost depends on how complicated the case is and whether the spouses agree.
Can I remarry after legal separation?
No. Legal separation does not end the marriage. You would need to obtain a divorce before legally remarrying.
Can we live separately without filing for legal separation?
Yes. Couples can choose to live apart without going through a legal separation. However, an informal arrangement does not provide the same type of court orders and legal structure as a formal legal separation.
Can one spouse file for legal separation without the other spouse agreeing?
Yes. A spouse can begin a legal separation case even if the other spouse does not want the separation. Disagreements may make the case more involved.
Can legal separation protect my property?
A legal separation can address property and debt issues through court orders. However, the specific facts and legal documents matter. Simply living separately does not automatically divide property.
Is divorce always better than legal separation?
No. The right choice depends on the family’s goals and circumstances. Some couples want to remain married while living separately, while others want a final end to the marriage.
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