Legal Separation in Arizona

A formal legal process that terminates the marital community, divides all the community property and liabilities, and determines custody if children are involved. Legal separation is almost identical to a divorce in every way except one: You are still married at the end of it. Otherwise, the process and issues are the same: The community property needs to be separated, what happens with the children need to be decided, and the court must rule on whether one party is entitled to child or spousal support from the other party. The only difference is you are still married at the end of the proceedings.

Some people think that just because they are living apart, they are legally separated. That is not a legal separation. You are still married and still accumulating marital property in the eyes of the law. A legal separation can only happen through the Courts.

There are many reasons why someone might choose to get legally separated. Some of the common reasons are (1) to remain on certain benefits belonging to the other spouse, (2) to avoid liability for the other spouse’s actions or business dealings, (3) for emotional reasons because the parties are not ready to divorce, (4) for religious reasons, or (5) to separate themselves financially.

As for separating the parties financially, legal separation is the strongest option for people who don’t want to live under community property laws but want to remain married. The reason why legal separation is stronger in this regard than a postnuptial agreement is because a postnuptial agreement is more easily set aside or overturned.

Both parties must agree to a legal separation. If either party wants to convert the legal separation into a divorce, they may do so. If at a later date the parties want to divorce, they can begin that process.