When deciding whether to divorce or separate, you need to consult with a qualified attorney. Learn the differences between separation and divorce and consult with a lawyer to determine what’s best for your unique situation. Arizona’s Family Law Attorneys are compassionate and understand divorce is one of the hardest and most emotional challenges an individual can experience. If you believe your marriage is coming to an end, you deserve to know your options for separation or divorce. Contact a Phoenix family law attorney to guide you through this process to ensure you have a full understanding of what’s to come.

What is the Difference Between Legal Separation and Divorce?

In the state of Arizona, a married couple can request for legal separation instead of divorce. When a married couple is legally separated, they are documented as no longer living with each other but are still officially married in the eyes of the law. A court will grant a couple of legal separation if their marriage is irreparably broken and both individuals have no intention to continue the relationship. They both must have the desire to live separately. A key difference between legal separation and divorce is that legally separated couples both mutually agree to live apart and terminate the relationship. If either spouse objects to the termination of the relationship, the Arizona court will call for a formal divorce.

Is Legal Separation A Strong Enough Step?

Legal separations can be flexible. Both spouses can negotiate the terms of the separation to decide how to allocate property. Child custody is a factor of legal separation as well for married couples that have a child. Both spouses will have to (under the legal supervision of an attorney) set the framework for the child’s custody and the division of physical assets between the couple, such as who stays in the family home and who moves. Both spouses will appear in court in order for a judge to approve the terms of the separation.
Divorce is a more final and permanent option than legal separation. It is the last resort option in which both spouses agree that reconciliation is not in their future. In a divorce, every asset within the marriage is divided fairly among both spouses. Divorced couples will no longer share health insurance benefits, and both revert to their original last name (as most spouses, mainly wives, opt to elect their husband’s last name when they marry). Choosing to divorce is a life-altering process that can be incredibly emotionally taxing on both parties. It’s in your entire family’s best interest to consult with a credible divorce lawyer, who is compassionate, understanding, and will work hard on your behalf.

Who Can I Trust for the Best Divorce Representation?

If your marriage is coming to end, discuss your specific concerns and situation with the divorce lawyers at our firm. We can help determine if legal separation is best for you and your spouse, or if divorce is the better option for your case. Arizona Family Law Attorneys provide the wisest end-to-end solutions for dissolution of marriage—after the legal separation or divorce is executed, your lawyer at Arizona Family Law Attorneys can provide consultation for a child custody plan and other related legal proceedings. From Maricopa County to all across the state of Arizona, we’re here to help every step of the way as you prepare for divorce or separation.