Arizona Legal Separation Lawyers

Get Answers About Legal Separations in Arizona

If you’re considering legal separation, you’re not alone; for various reasons, countless Arizona couples decide to get legally separated each year.

Let our legal separation attorneys use their four decades of family law knowledge to explain the most important aspects about legal separation, why someone might choose separation over divorce, the advantages and disadvantages, and more.

With our attorney insights, you’ll be in a better position to make an informed decision that safeguards your family, finances, and goals.

What Is a Legal Separation in Arizona? 

Divorce is not the only way to end a marriage. Instead, some couples in Arizona decide to get legally separated.

In basic terms, a legal separation allows a married couple to live separately and have formal court orders about finances and children, but neither becomes single and therefore cannot remarry unless they later file for and receive a divorce.

Since legal separations are court-enforced arrangements, they resolve many of the same issues a divorce would. These issues include property division, spousal maintenance, child support, parenting time, and temporary orders. 

These arrangements are legally recognized and governed under various Arizona statutes, which include:

Arizona Revised Statute § 25-313

This statute outlines the requirements to enter a Decree of Legal Separation.

These requirements include that the marriage is irretrievably broken, that one party is an Arizona resident when the legal action begins, and that one or both parties want to live separately without objection from the other party.

Arizona Revised Statute § 25-317

This statute provides a legal framework for spouses to enter into a written separation agreement.

This allows couples to outline their decisions regarding the distribution of property, financial support issues, and arrangements affecting their children.

If you are looking for legal guidance with your legal separation, the family law attorneys at Gillespie, Shields, & Taylor are ready to answer your questions and help you move forward.

Why Choose Legal Separation Instead of Divorce?

Each year, our family law attorneys help thousands of Arizona families choose what’s best for them.

As a result, many choose a legal separation instead of a divorce for both practical and personal reasons.

Common reasons for a legal separation include:

Religious or personal beliefs

Many from religious backgrounds or those with strong personal beliefs feel that divorce is unacceptable. However, they may also recognize that it is in their best interest to be legally separated from their spouse.

Financial benefits

A legal separation can help couples who want to end their marriage but don’t want to exclude their partner from receiving important benefits, such as health insurance, tax, retirement, or pension benefits. A legal separation allows them to keep a variety of benefits that would normally be lost after a divorce.

Time to decide

Choosing a legal separation instead of rushing into a divorce can provide couples with a cooling-off period that lets them decide if a divorce really is the right choice. 

While the above reasons show the many advantages a legal separation can provide, there are also disadvantages that should be factored into your decision.

Here are some of the common disadvantages of legal separation:

Lack of full closure

Because a couple is still married, they cannot remarry unless they later file for and receive a divorce.

Emotional ambiguity

For many people, the “in-between” status of separation can lead to a lack of emotional closure, since they are not together but the marriage is also not dissolved. 

Possible tax or financial complications

Remaining married may affect taxes, estate planning, or creditor liability in ways that are more complicated than for those who divorce.

 If you need help understanding what the best choice is in your case, our compassionate attorneys are ready to help.

What Legal Separation Can Resolve

Many couples are surprised to learn that a legal separation can address many of the same issues that a divorce can, thus making it an even more attractive solution. 

These are some of the issues that legal separation can resolve:

• Property and debt division – A legal separation allows for the division of both marital assets and debts between the spouses.
• Spousal maintenance (alimony) – Courts can also order financial support from one spouse to the other
• Parenting time, legal decision making, and child support – The court can make orders regarding the physical care and financial support of any children from the marriage.

Our attorneys are ready to provide answers and guidance about how to protect your family and assets during a legal separation.

How Legal Separation Affects Parenting Arrangements

During both legal separations and divorces, parents are often most concerned about how their children will be affected.

Fortunately, legal separations in Arizona proceed like a divorce when minor children are involved, adding clarity to the legal separation process. 

This is because Arizona courts decide legal decision-making (custody) and parenting time using Arizona Revised Statute § 25-320 — the same law influencing these matters during a divorce.

As a result, temporary orders for custody, parenting time, or child support can be entered during the separation process, just as they are during divorce proceedings.

Additionally, the court always bases decisions on the best interests of the child, along with other Arizona child-related statutes and guidelines, regardless of whether a family is going through a divorce or a legal separation.

Child support amounts are also calculated using the same formula found in the Arizona Child Support Guidelines, just as with a divorce.

To help ensure you receive the decision-making rights, parenting time, and child support you and your family deserves, get our attorneys on your side during a legal separation.

How to Get a Legal Separation in Arizona

If you’re ready to move forward with a legal separation, our attorneys are ready to help.

To provide an idea of what to expect, we’ve outlined the most important steps of getting a legal separation in Arizona:

• Fill out and file the correct forms – The first step involves filing a Petition for Legal Separation with the Superior Court in which either you or your spouse resides. (Note: at least one spouse must reside in Arizona at the time of filing)
  Other necessary forms that you may need to fill out include the Summons, Preliminary Injunctions, and a Notice Regarding Creditors.
• Serve the other spouse – The Petition for Legal Separation must be served on your spouse, allowing them 20 days to respond.
• Request temporary orders if needed – If you need immediate relief for matters such as child custody, temporary support, or exclusive use of the home, you can request temporary (pre-decree) orders while the case is pending.
• Exchange financial disclosures – As with divorces, both spouses must disclose assets, debts, income, and other financial information so the court and parties can accurately address property division and support.
• Negotiate – Unlike divorce, both mates must agree to a legal separation. Thus, negotiating matters surrounding the legal separation needs to take place. Having our experienced family lawyers can be invaluable in helping you get what you deserve in matters such as property, debt, child support, and parenting rights. Once these matters are agreed upon, a written separation agreement can be incorporated into the Decree of Legal Separation.
• Final Decree of Legal Separation – When the court agrees that the legal requirements for the separation are met and issues are resolved, it enters a Decree of Legal Separation, which details the court’s orders. This allows the legal separation terms to become legally binding and enforceable by Arizona courts.

If you later decide to divorce, you may convert the separation to a dissolution proceeding, which often streamlines the process because many issues are already resolved.

Our legal separation attorneys are ready to help you with the separation process, from beginning to end.

What Are Separation Agreements

As mentioned above, a major step in the Arizona legal separation process is arriving on a separation agreement.

This is because a written separation agreement (sometimes called a marital settlement agreement) is often the core document of a legal separation.

The separation agreement sets out key arrangements, such as:

• Who keeps what property
• Who pays debts
• What are the spousal maintenance terms
• What are the parenting time plans
• Who has legal decision-making authority
• Who pays child support and how much

If the agreement contains terms that are fair and voluntary, Arizona law recognizes these written agreements and enforces them.

Thus, a couple who arrive on a fully-sorted agreement can avoid a prolonged legal process, since their agreement will be interred into the Decree of Legal Separation.

Our experienced attorneys are ready to help you with every step of the separation agreement process: from initial preparation, to negotiation, to having it enforced by the courts.

Practical Considerations Before You File a Legal Separation 

While legal separations can offer many benefits, it’s important that you go into the process fully aware of what issues or consequences they may present once a separation is in effect. 

Our attorneys have outlined these important matters for you to consider before you begin the separation process:

Costs and timing – Separations can be faster or slower than divorce, depending on various factors like cooperation. If you want to remain married for particular benefits, weigh that against long-term goals like remarriage or estate planning.

Insurance and benefits – Check health insurance coverage, retirement plan rules, and other benefits that may change upon divorce, but that won’t necessarily change upon separation. If you’re unsure, it may be wise to ask an HR representative or benefits counsel.

Taxes and estate planning – Talk to a CPA or estate attorney about how a separation vs a divorce will change filing status, exemptions, and beneficiary designations.

The legal separation attorneys at Gillespie, Shields, & Taylor can help advise you on these and other important matters, providing you with the personalized guidance you need to make the best possible decisions.

Converting a Legal Separation to a Divorce

Many Arizona couples end up converting a legal separation into a full divorce.

The good news is that conversion can be more straightforward than initiating a brand-new contested divorce, since many legal issues may already be resolved through separation orders or agreements.

However, the exact process of converting a legal separation to a divorce will vary by Arizona county.

Additionally, how detailed your separation agreement is will be a large factor in the divorce process, since a divorce may involve additional considerations that are not addressed in the separation agreement.

For help converting your legal separation to a divorce, turn to the experienced family law attorneys at Gillespie, Shields, & Taylor. We’ll walk you through the process, fight to protect what matters most to you, and provide the caring support you deserve throughout the process.

Still Have Questions About Legal Separation? 

If you’re still struggling to decide if legal separation is right for you and your family, you’re not alone.

For many couples, legal separation offers many of the same legal protections as divorce while leaving the marriage intact, but with some drawbacks. Uncovering and weighing these advantages and disadvantages can be overwhelming 

If you still have questions or need guidance, let the legal separation attorneys at Gillespie, Shields, & Taylor help. Since 1985, we’ve been helping Arizona families navigate important decisions in all matters of family law, including legal separation.

Let us answer your questions, evaluate your goals and family’s needs, and help you make a decision that achieves the best outcome possible.