Legal Separation vs. Divorce in Arizona—What Should You Do?

Divorce Settlement Agreement Legal Separation vs. Divorce in Arizona—What Should You Do?

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!

Key Differences—Arizona Legal Separation vs. Divorce

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:

Legal SeparationDivorce
  • The couple stops being married after the divorce
  • The divorced spouses can remarry
  • Divorce is final and irreversible
  • Similarly to legal separation, divorce requires that all the terms like alimony, child custody, etc., are settled and put in writing in a marital settlement agreement. If the couple can’t reach an agreement, they can attend mediation. If they continue to disagree, the case will proceed to a trial

Reasons To Choose Legal Separation Over a Divorce in AZ

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

When To Opt for a Divorce in Arizona

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

Arizona Legal Separation vs. Divorce—Requirements

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. DivorceResidency RequirementsGrounds
SeparationYou or your spouse need to have been a resident of Arizona for at least 90 daysYou, as a filing spouse, need to state one of the following reasons:

  • The marriage is irretrievably broken
  • One of the spouses wants to live separately
DivorceTo file for divorce in Arizona, either spouse must have lived in the state for at least 90 days before filingArizona 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

What Are the Requirements for an Uncontested Divorce in AZ?

If you want your divorce to be quick, friendly, and low-cost, you should opt for a DIY and uncontested divorce in Arizona. The requirements that you’ll need to meet are:

  • 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.

Uncontested Divorce in Arizona—The Procedure

Here’s how filing for an uncontested divorce in Arizona works and what happens during the procedure:

  1. Reaching a settlement without lawyers and out of court (you can go to mediation)
  2. Obtaining and filling out all the necessary divorce forms
  3. Filing the divorce paperwork
  4. Serving the divorce papers
  5. Waiting for the served spouse to respond
  6. 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.

Create an Ironclad Divorce Settlement Agreement With DoNotPay

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:

  1. Open the Divorce Settlement Agreement tool
  2. Provide information about yourself, your spouse, your marriage, and tell us how you wish to allocate your assets
  3. 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:

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