Legal Separation vs. Divorce

Separating? You still need a Mesa divorce lawyer!

In many ways, a legal separation in the state of Arizona is indistinguishable from a divorce. In either case, marital property and debts must be divided and—when children are involved—legal custody must be established. In the end, the primary difference between legal separation and divorce is the resulting marital status. Following a legal separation, neither spouse is eligible to remarry since they are still considered married according to the law


Learn what your options are! Call (480) 526-4614 for a no-obligation case review.


If you are unsure of whether legal separation or divorce is right for you, do not hesitate to reach out to our experienced Mesa divorce attorney. In our 10+ years of experience, we have helped numerous couples successfully dissolve their marriage through divorce or legal separation. With so much to think about and so much at stake, you can be confident in leaving your case in our hands. We understand how difficult ending a marriage is, and this is why we try to minimize your stress as much as possible through our attentive and seasoned counsel.

Why do people legally separate instead of divorce?

There are two primary reasons for choosing a legal separation instead of a divorce:

  1. The first relates to religious conviction or prohibition.
  2. The second relates to long-term health care.

If one spouse has a health condition that requires the continued maintenance of a specific health insurance plan or precludes their ability to qualify for comparable coverage separately, legal separation may provide a workable solution for the splitting couple.

With legal separation, you will still need to decide on major issues, including:

The process for entering into a legal separation is the same as entering into a divorce. A petition must be filed with the Superior Court, along with a settlement agreement. If no settlement agreement is included, the court will issue a ruling regarding the division of property and the custody of children. In the event that one spouse files for divorce while the other files for legal separation, the divorce filing takes precedent.


At Bastian Law Offices, PLC, we can walk you through the more subtle nuances between legal separation and divorce as established by Arizona law. For a consultation, call our legal separation lawyer in Mesa today at (480) 526-4614!