Standing by Your Side through Legal Separation

Legal Separation vs. Divorce in Arizona

Separating? You still need a Mesa divorce lawyer!

In many ways, legal separation vs. divorce in the state of Arizona is indistinguishable. In either case, marital property and debts must be divided and—when children are involved—legal custody must be established. In the end, the primary difference between legal separation and divorce is the resulting marital status. Following a legal separation, neither spouse is eligible to remarry since they are still considered married according to the law.

Learn what your options are! Call (480) 526-4614 for a no-obligation case review.

 

If you are unsure of whether legal separation or divorce is right for you, do not hesitate to reach out to our experienced Mesa divorce attorney. In our 20 years of experience, we have helped numerous couples successfully dissolve their marriage through divorce or legal separation. With so much to think about and so much at stake, you can be confident in leaving your case in our hands. We understand how difficult ending a marriage is, and this is why we try to minimize your stress as much as possible through our attentive and seasoned counsel.

Why do people legally separate instead of divorce?

There are two primary reasons for choosing a legal separation instead of a divorce:

  1. The first relates to religious conviction or prohibition.
  2. The second relates to long-term health care.

If one spouse has a health condition that requires the continued maintenance of a specific health insurance plan or precludes their ability to qualify for comparable coverage separately, legal separation may provide a workable solution for the splitting couple.

With legal separation, you will still need to decide on major issues, including:

 

 

The process for entering into a legal separation is the same as entering into a divorce. A petition must be filed with the Superior Court, along with a settlement agreement. If no settlement agreement is included, the court will issue a ruling regarding the division of property and the custody of children. In the event that one spouse files for divorce while the other files for legal separation, the divorce filing takes precedent.

At Bastian Law Offices, PLC, we can walk you through the more subtle nuances between legal separation and divorce as established by Arizona law. For a consultation, call our legal separation lawyer in Mesa today at (480) 526-4614!

 

Commonly Asked Questions About Legal Separation In Arizona

What is the difference between legal separation and divorce in Arizona? 

In Arizona, the primary distinction between legal separation and divorce lies in the marital status. A legal separation allows spouses to live apart and resolve issues such as child custody, spousal support, and property division, but they remain legally married. This means they cannot remarry. In contrast, a divorce completely dissolves the marriage, ending all legal ties between the spouses, allowing for remarriage and a complete legal separation of assets and responsibilities.

Why would someone choose legal separation over divorce? 

Many individuals opt for legal separation over divorce for personal or practical reasons. Religious beliefs may prohibit divorce, making legal separation a more acceptable option. Additionally, legal separation can be beneficial if one spouse requires continued access to health insurance coverage through the other spouse’s plan, especially in cases of medical conditions that would prevent them from qualifying for independent coverage. Legal separation can also provide time and space to evaluate whether divorce is necessary.

Does legal separation involve the same processes as divorce? 

Yes, legal separation in Arizona involves many of the same legal processes as divorce. Both require filing a petition with the court and addressing crucial issues like child custody, visitation, property division, and spousal support. The key difference is that while divorce completely terminates the marriage, legal separation allows the couple to remain legally married. Whether you choose legal separation or divorce, working with an experienced attorney is essential to navigate the legal complexities and ensure your rights are protected.


 

 

    “I selected Cole over the others because of his genuine, decisive approach when we met.”
    “I was very happy with my selection. I have recommended him to two closest friends and they have also had nothing but positive feedback on their experience with him.”
    Rachel A.
    “Cole did a superb job guiding me through my divorce.”
    “He and his staff were always professional and thorough. He made it easy for me to understand the process and what my options were moving forward.”
    Preston P.
    “Cole is very knowledgeable when it comes to family law.”
    “Cole is extremely organized and very calm when it was hard for me to be calm. I would recommend him to anyone that gets stuck in a custody battle!”
    Michelle R.
    “Cole’s reassurance, professionalism, friendliness, and knowledge of the law brought peace of mind to me throughout the ordeal.”
    “My first lawyer was requesting a full days trial from the judge and increasing the entire cost of an unpleasant event. Cole undid all the damage of my incompetent lawyer and started from scratch for less than he charged me to do absolutely nothing.”
    Shawn M.
    “Thank you both so much for your help.”
    “You were great throughout this process!”
    Monica R.
    “I felt like you listened to me and fought for me through one of the most difficult times of my life.”
    “You are a fantastic attorney and an even better person! I have enjoyed working with you. Thank you again for your amazing service!”
    Kimball W.