Legal Separation v. Divorce

In certain circumstances a legal separation may be preferable to a divorce. A couple may choose a legal separation as opposed to a divorce for religious reasons, or possibly because one spouse wishes to remain on the other spouse’s health insurance. In Arizona, the procedure for legal separation is very similar to a divorce. The Court in a legal separation case is required to divide the parties’ property and debts, enter orders providing for the care and custody of the parties children, enter orders for child support and, if appropriate, enter orders for spousal maintenance. Similar to divorces, legal separations can result in a trial if the parties do not reach an agreement. The main difference between a divorce and a legal separation is that the parties remain married after a legal separation. Therefore, neither party can remarry unless the parties petition the court to convert the legal separation to a divorce. Contact a competent attorney to determine which option is better for you.