Legal separation in Arizona is a formal court process that allows married couples to live apart while remaining legally married. Governed by Arizona Revised Statutes § 25-313, legal separation provides many of the same protections as divorce regarding property division, spousal support, and legal decision-making and parenting time, but the marriage remains intact.
Key Characteristics of Legal Separation:
Legal status: Couple remains legally married but lives separately
Court decree required: Formal court process similar to divorce
Property division: Assets and debts divided like in divorce
Spousal support: Court can award spousal maintenance
Legal decision-making: Court determines legal decision-making and parenting time
Reversible: Can reconcile or convert to divorce later
You Remain Legally Married
Unlike divorce, legal separation does not end your marriage. You cannot remarry while legally separated. This preserves potential benefits like health insurance coverage, military spouse benefits (10-year rule), Social Security spousal benefits (10-year rule), and honors religious beliefs that prohibit divorce. Legal separation can later be converted to divorce if circumstances change.
Important Legal Implications:
Cannot remarry while legally separated
May still have inheritance rights
Can maintain certain benefits (health insurance, military benefits)
Tax filing status may be affected
Property acquired after decree is typically separate property
Legal Separation Filing Process and Requirements
The legal separation process in Arizona follows similar procedures to divorce but with important distinctions:
When a legal separation petition is filed and served in Arizona, automatic temporary restraining orders immediately go into effect to protect both parties and preserve the marital estate. These orders remain in effect until the case is resolved or dismissed.
The following restrictions apply automatically to BOTH PARTIES upon service of the legal separation petition:
Property restrictions: Cannot transfer, encumber, conceal, or dispose of community property except in the usual course of business or necessities of life
Insurance protection: Cannot cancel, modify, or allow to lapse health, auto, life, or disability insurance covering either spouse or the children
Beneficiary restrictions: Cannot change beneficiary designations on any insurance policies or retirement accounts
Child removal: Cannot remove minor children from Arizona without written consent or court order
Harassment prohibition: Cannot harass, disturb the peace of, or commit assault/battery against the other party
When Orders Take Effect
For petitioner: Upon filing the petition
For respondent: Upon service of petition (being served with papers)
Duration: Until final decree entered, case dismissed, or court orders otherwise
Both parties bound: Orders apply equally to both spouses
Permitted Actions Under the Orders
You CAN still:
Ordinary course of business: Continue normal business operations
Necessities of life: Pay for housing, food, medical care, attorney fees
Agreed transactions: Any action with written consent of other party
Court-approved actions: Transactions approved by court order
Complete and file the petition with Superior Court. Unlike divorce, no 90-day Arizona residency requirement applies.
Serve Your Spouse
Your spouse must be formally served with the petition. They have 20 days (30 days if out of state) to respond.
Common Questions
What is the difference between legal separation and divorce in Arizona?
Legal separation divides property and addresses legal decision-making like divorce, but you remain legally married. This allows you to maintain health insurance benefits, military benefits, Social Security spousal benefits, or honor religious beliefs that prohibit divorce. You cannot remarry while legally separated.
Do I need to live in Arizona to file for legal separation?
No 90-day residency requirement applies. Unlike divorce, which requires 90 days of Arizona residency before filing, legal separation does not have this waiting period requirement.
Can I convert a legal separation to divorce in Arizona?
Yes. Either spouse can request to convert a legal separation to divorce at any time. If you're still in the legal separation process and one spouse objects, the case automatically converts to divorce (if residency requirements are met).
Anthony F. Paradise, Esq.
I didn't choose family law. I chose the courtroom.
The preparation. The argument. The moment when everything you've built either holds or falls apart. After earning my J.D. from Arizona Summit Law School, I clerked for a prominent criminal defense and wrongful death attorney. I learned how to build cases that hold up under pressure and how to perform when everything is on the line.
When I committed to practice full time, I brought that same intensity to family law. I understood what it feels like when everything you've built is coming apart. And I learned that how something ends matters as much as how it began.
I have devoted 100% of my practice to family law since 2020. Not because it's easy. Because it's where I belong.
10+Years Licensed
100%Family Law Focus
My Philosophy
From Crisis to Clarity
I have helped hundreds of clients and consulted with thousands. My job is to move you from crisis to clarity — with a plan, a strategy, and someone in your corner who knows the details of your case better than anyone.
Relationships are hard. Sometimes the healthiest thing for you, for your children, for everyone, is to separate. But how you end matters as much as why.
What a Good Outcome Looks Like
Divorce ranks alongside death for its toll on mental health. There is no victory lap here.
A good outcome looks like this: someone walks through my door in crisis, and six months later, their life is meaningfully better. They call to tell me their kids are adjusting. They're sleeping again. They can see a future.
Every Document. Every Detail. Me.
I have seen what happens when attorneys grow their practices too fast. More clients. More revenue. And attention drifting toward management instead of cases. I watched the details slip. That's not the practice I wanted to build.
No Associate Handoffs
I am not handing your file to an associate who won't remember it when it counts. You hired me. You get me.
Evidence Mastery
I touch every piece of evidence in your case. Every email. Every bank statement. I know the details better than anyone in the room.
Direct Strategy
My approach is simple: Build a record that holds up on appeal. Prepare thoroughly to create leverage.
Our Office
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Paradise Law Office, PLLC2801 E Camelback Rd Ste 200 Phoenix, AZ 85016
