As many couples can attest, ending a marriage is never easy. But divorce is not the only option. In Arizona, legal separation allows spouses to live apart and resolve important financial and parenting matters, without formally terminating the marriage.

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Why Couples Choose Legal Separation Instead

Couples pursue legal separation for many reasons, including:

Religious or cultural beliefs that discourage divorce
Desire to maintain healthcare or insurance coverage
Tax advantages of remaining legally married
Not meeting Arizona’s divorce residency requirements
Time and space to evaluate reconciliation

Legal separation is a deeply personal decision. We ensure you understand all legal and financial implications before moving forward.

Legal Separation Vs. Divorce

Legal separation and divorce both address:

– Division of property and debts
– Spousal maintenance
– Parenting time and legal decision-making
– Child support

However, legal separation does not terminate the marriage.

With legal separation:

– You remain legally married
– You cannot remarry
– Certain marital benefits may continue

With divorce:

– The marriage is permanently dissolved
– Both spouses may remarry

If reconciliation occurs, a separation order can be vacated. Divorce is final unless the couple remarries.

Who Can File For Legal Separation In Arizona?

To qualify:

One spouse must reside in Arizona for at least 90 days
The marriage must be irretrievably broken or
One spouse desires to live separately, and the other does not object

Legal separation may be filed with or without children. Because this is a court-supervised process, experienced legal representation is critical.

Separation Agreements: Protecting Your Future

Before granting a legal separation, the court requires spouses to resolve:

Asset and debt division
Spousal support
Parenting time
Legal decision-making
Child support

Once entered, property acquired afterward typically becomes separate property. A carefully drafted separation agreement ensures clarity and long-term protection.

Hear What Our Clients Have to Say

“This is a great team! Everyone is very smart and treats you well. Mitch was successful in our case, which is typically a very difficult one to accomplish. If you are looking for someone very intelligent call Mitch – you will not be disappointed! I see some reviews in which others are mentioning the cost – unfortunately, most attorneys are expensive; however, if you are looking for someone to fight for you and get the job done right, this is the office to call. Thank you to everyone at Cohen Family!” – Nicky B.

Contact Our Phoenix Legal Separation Attorney

If divorce is not the right solution — or not the right time — legal separation may provide the structure and protection you need. Schedule your free consultation today to protect your rights and your future.

FAQs

Is legal separation the same as divorce?

No. Legal separation resolves financial and parenting issues but does not terminate the marriage.

Can we reconcile after legal separation?

Yes. You may petition the court to vacate the separation order.

Can I remarry if legally separated?

No. Only divorce legally ends the marriage.

Does legal separation divide property?

Yes. The court enters orders dividing assets and debts similar to a divorce.

Can separation become divorce later?

Yes. Either spouse may request conversion to divorce.

Cohen Family Law services clients with their legal separation needs throughout the Phoenix, Arizona area, including Anthem, Chandler, Gilbert, Glendale, Goodyear, Laveen, Mesa, Peoria, Scottsdale, Surprise, and Tempe.