AT THE LAW OFFICE OF TARA KILBY OUR FOCUS IS FAMILY LAW

What is the DISTINCTION between a legal separation and a divorce?

The process for obtaining a legal separation in Arizona is nearly identical to divorce, with the main distinction being that at the conclusion of the process the marriage is not dissolved. The parties remain legally married.

HOW ARE A DIVORCE AND A LEGAL SEPARATION THE SAME?

Like a divorce, completion of a legal separation requires:

• The same statutory waiting period to finalize(60 days from date of service)
• The same statutory filing fee
• The same paperwork
• The same disclosure of assets and debts
• The same disposition of assets and debts
• The same disposition regarding children, if applicable
• The same disposition regarding spousal maintenance, if applicable

WHY FILE A LEGAL SEPARATION INSTEAD OF A DIVORCE?

There are numerous reasons why an individual may choose to file a legal separation rather than a divorce:

• Client is not ready “emotionally” to file a divorce and needs further time to process but wants to legally divide community assets and debts to protect themselves financially
• For religious/moral reasons, Client will not file divorce
• Client wants to remain on his/her spouse health insurance so parties make collective decision to file Legal Separation
• Parties no longer wish to live together but want to be legally separated

One spouse has significant debts which are affecting the ability of the other party to obtain credit and/or one party has significant debt and the non-spender is concerned the spender will continue spending and incur additional community liability for him/her.