Legal Separation Vs. Divorce

There are many reasons that couples decide to pursue a divorce. The reasons can be personal, emotional, financial, religious, or any number of others. However, some couples may feel trapped thinking that divorce is the only option. Divorce can be a daunting, intimidating step to take, but it is not the only option available. Legal separation may provide a better alternative, depending on the circumstances involved.

If you are considering and weighing the differences between legal separation vs. divorce, consider speaking with a divorce attorney who serves families with compassion and strength from Sullivan Shick by calling (480) 719-2558.

Divorce in Arizona

In Arizona, divorces are legal dissolutions of marriage. One party, called the petitioner, files for divorce and serves the other party, called the respondent, with a Petition for Dissolution of Marriage.

Both parties then enter mediation, where they either contest the terms of the petition or agree and proceed with the process. Both the petitioner and the respondent will need to create a separation plan, including the division of assets, parenting time, and other facets of divorce.

If one of the parties contests the terms of the agreement, both parties may enter litigation to determine the outcome under the supervision of a judge. However, if both parties are in agreement, the petition simply needs the approval of a legal authority. Once either process is complete, the marriage is dissolved and the involved parties no longer hold any legal or physical responsibilities to each other, beyond what is detailed in the divorce agreement.

Legal Separation in Arizona

However, even though there are many surface-level similarities, legal separation is not the same as divorce. In Arizona, the petitioner will file an A.R.S. 25-317, which is the equivalent of a Petition for Dissolution of Marriage with key differences. Similarly to filing for divorce, the petitioner and respondent will enter mediation.

The key difference is that in a legal separation, both parties remain legally married. Despite having separate financial and physical relationships, the law still considers them married in name. However, legal separation is only viable if both parties consent to it, unlike divorce. If one of the parties does not agree to a separation, the court will proceed with a standard dissolution case.

Similarities Between Separation and Divorce

When it comes to the question of legal separation vs. divorce, there are many key similarities. Both processes are working towards a similar effect, and as such they share much in common.

Property Division

In both divorce and legal separation, spouses will divide their property. While divorce provides complete separation between spouses, legal separation is designed to provide physical, financial, and a degree of legal separation. However, both of these processes divide the shared property of both spouses, which may require negotiations and can lead to litigation.

Financial Relationship

Another similarity between these processes is the termination of a financial relationship. In both legal separation and divorce, neither party will file taxes jointly or share property as married couples do. This allows both parties to be financially independent and move forward with their lives.

Custody and Parenting Time

The process of deciding custody and parenting time is also decided in the same way for divorce and legal separation cases. In mediation, both parties will agree on a mutually beneficial system.

Also, it is important to note that custody and parenting time are defined separately in Arizona. Custody refers to the legal power to make decisions on behalf of a minor dependent, whereas parenting time refers to the amount of time the child spends under the care of either parent.

Filing Process and Timeline

Another similarity between legal separation vs. divorce is the filing process. Even though divorce dissolves the marriage agreement and legal separation does not, the filing processes are nearly identical. Both require one party to serve the other with a petition, and both can end in mediation or proceed to litigation. If the petition is not contested, the process can take between two and four months, though it can take up to a year or more if one party contests the terms.

For more details and information on the process of legal separation or divorce, consider contacting an experienced divorce law attorney from Sullivan Shick.

Differences in Legal Separation Vs. Divorce

However, despite the many similarities, several key differences between divorces and legal separations provide different benefits.

Reconciliation

In a legal separation, there is greater support for reconciliation and fewer legal complications. If spouses wish to reconcile and reenter a marriage relationship, they only have to file to terminate the decree of legal separation, according to the Arizona State Legislature.

This can help provide emotional stepping stones for those who are having problems in their spousal relationship but don’t want to commit to a divorce. If spouses who have divorced want to get back together, they must legally remarry. However, legal separation simplifies the process of reconciliation.

Marital Dissolution

The most important difference between legal separation vs. divorce is the actual dissolution of the marriage as opposed to simply imposing physical and fiscal separation. Divorce completely dissolves the union between two people, whereas legal separation does not.

If couples are pursuing an amicable divorce and are open to reconciliation, legal separation may be a beneficial option. However, legally separated couples may have obstacles to overcome if they seek to marry someone else, and may need to dissolve the union first.

Health Insurance

One benefit of legal separation over divorce is the potential for spouses to remain under each other’s insurance. In a divorce, there is no opportunity for divorcees to remain on each other’s insurance, despite the financial savings that might entail. However, in a legal separation, this may be possible and could save money for both parties.

Military Benefits

Some people may also wonder if military benefits can be maintained after divorce. In a legal separation, if spouses meet certain requirements, they may keep their military benefits even if they are divorcing the active member of the military. However, in a divorce, these benefits will be decided either in mediation by the spouses or by the judge in court.