Legal Separation vs. Divorce in Arizona—Which Should You Choose?
Do you want to get a divorce but aren’t sure about it yet? This article will tell you what the main legal separation vs. divorce in Arizona differences are so you can make an informed decision.
If you choose to file for divorce, DoNotPay will provide you with instructions on how to get an uncontested divorce that will help you avoid hiring lawyers and going to court. We will also assist you in creating a marital settlement agreement—one of the most important uncontested divorce papers. Subscribe to DoNotPay and get your document immediately!
Divorce and legal separation are similar to some extent when it comes to matters such as alimony, child support, and child custody, but they have some crucial differences. Check out the table below to learn the main differences between legal separation and divorce in Arizona:
A couple may opt for a legal separation instead of divorce for any number of reasons:
- To check whether they truly want to get divorced
- So that the spouse who was receiving medical or other insurance benefits can keep it
- For religious or other social beliefs that don’t allow divorce
- Because they don’t meet the residency requirements
- To keep receiving valuable tax benefits for married couples
- Because the couple believes that they might reconcile
The main reasons a couple might choose divorce over legal separation are:
- They want to end the marriage permanently
- The case doesn't require a trial separation
- One or both of them wants to get remarried
You and your spouse need to meet some state-specific requirements if you want to file for legal separation or divorce. You can find out more in the table below:
|Separation vs. Divorce||Residency Requirements||Grounds|
|Separation||You or your spouse need to have been a resident of Arizona for at least 90 days||You, as a filing spouse, need to state one of the following reasons:
|Divorce||To file for divorce in Arizona, either spouse must have lived in the state for at least 90 days before filing||Arizona is a no-fault divorce state, which means that neither spouse is to be blamed for the breakdown of the marriage. Arizona will allow fault-based grounds exclusively in covenant marriages|
- Your marriage needs to be irretrievably broken, which means that there is no possibility of reconciliation
- You and your spouse need to agree on the division of assets and debts
- Both of you need to agree on the issue of spousal support
If you have underage children, there are some other matters you’ll need to settle to fulfill requirements:
- Child custody
- Visitation schedule
- Child support
To file for an uncontested divorce, one of you must have lived in Arizona for 90 days.
Here’s how filing for an uncontested divorce in Arizona works and what happens during the procedure:
- Reaching a settlement without lawyers and out of court (you can go to mediation)
- Obtaining and filling out all the necessary divorce forms
- Filing the divorce paperwork
- Serving the divorce papers
- Waiting for the served spouse to respond
- Proceeding with the case in accordance with Arizona Family Law Rule of Procedure
The process of getting a legal separation in Arizona is similar to the above-described steps for an uncontested divorce.
If you want to avoid costly and lengthy divorce in Arizona, you and your spouse need to agree on all terms of your divorce before filing for it. We can help you spell out all those terms in a divorce settlement agreement.
Sign up for DoNotPay, and we will draw up this document for you in the blink of an eye. Follow these instructions to generate your fully personalized divorce settlement agreement:
- Open the Divorce Settlement Agreement tool
- Provide information about yourself, your spouse, your marriage, and tell us how you wish to allocate your assets
- Notify us if you need a notary
DoNotPay will send you a customized document that you and your spouse should sign. We can also connect you with an online notary who will witness your signing over a live video call.
If you still have some questions about divorces, DoNotPay can help! We have a learning center that will provide an answer to all your questions, including:
- How much does a divorce cost, specifically in AZ?
- Can I get divorced online?
- How long does a divorce in AZ take?
- How can I get a divorce in Arizona’s counties, including:
Tired of dealing with bureaucracy? We understand the struggle, and that is why our app makes handling administrative tasks a breeze!
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