🤝 Arizona Legal Separation
Resolve property, debts, support, and parenting through a Decree of Legal Separation — while remaining legally married. Same careful paperwork as our uncontested divorce, reviewed by an AZ-barred family-law attorney.
Already have a Decree of Legal Separation? Arizona law provides two ways to change course — reconciliation or conversion to divorce. See the reversal & conversion service →
What a legal separation is under Arizona law
Arizona law (A.R.S. § 25-313) allows a married couple to obtain a Decree of Legal Separation. The decree resolves the same issues a divorce resolves — division of property and debts, spousal maintenance, and (where there are children) legal decision-making, parenting time, and child support (§ 25-313(B)) — but the marriage itself continues to exist. Neither spouse may remarry after a legal separation, because they are still legally married.
A separation decree also ends the marital community: under A.R.S. § 25-211(A)(2) and § 25-213(B), property acquired after a petition for legal separation is served is the acquiring spouse's separate property (provided the petition results in a decree) — the same cut-off rule that applies in a divorce.
Legal separation vs. divorce in Arizona
Both go through the Arizona Superior Court with nearly identical paperwork. The legal effects differ in a few important ways.
| Legal separation | Divorce (dissolution) | |
|---|---|---|
| Marital status afterward | Still legally married — remarriage not possible | Marriage ends — both spouses free to remarry |
| Governing statute | A.R.S. § 25-313 | A.R.S. § 25-312 |
| Arizona residency to file | A spouse must be domiciled in AZ (or stationed here in the military) when the case is filed — no 90-day wait (§ 25-313(A)(1)) | A spouse must have been domiciled (or stationed) in AZ for 90 days before filing (§ 25-312(A)(1)) |
| Grounds | Marriage irretrievably broken or one or both spouses desire to live separate and apart (§ 25-313(A)(3)) | Marriage irretrievably broken (§ 25-312(A)(3)) |
| Spousal agreement | The other spouse must not object. If they object and the 90-day divorce residency is met, the court must convert the case into a divorce (§ 25-313(A)(5)) | One spouse can obtain a divorce even if the other objects |
| Property, debts, support, parenting | Fully resolved in the decree (§ 25-313(B)); marital community ends | Fully resolved in the decree (§ 25-312(E)); marital community ends |
| Waiting period | 60 days from service before the decree can be entered (§ 25-329) | Same — 60 days from service (§ 25-329) |
| Changing course later | Reconcile by stipulated termination (§ 25-313(C)) or convert to divorce (§ 25-325(B)) | Final — remarrying each other is the only way to restore the marriage |
Why some people choose legal separation
- •Religious or personal convictions. Some people whose beliefs discourage divorce use legal separation to settle finances and parenting while remaining married.
- •Health insurance — sometimes. Because the marriage continues, a spouse may stay on the other's health plan. This depends entirely on the plan: many employer/ERISA plans treat a court-ordered legal separation as an event that ends spousal coverage, just like divorce. The U.S. Department of Labor advises reviewing the plan documents; COBRA continuation may apply if coverage is lost. Checking with the plan administrator before filing is the only way to know.
- •Social Security timing. Divorced-spouse Social Security benefits generally require a marriage that lasted at least 10 years before the divorce became final (20 C.F.R. § 404.331). A legal separation does not end the marriage, so the years continue to count toward that threshold.
- •Military benefits. TRICARE states that a spouse who is separated but not divorced keeps TRICARE. After a divorce, continued former-spouse coverage depends on the 20/20/20 rule (20 years of marriage, 20 years of service, 20 years of overlap). Separation years count toward the marriage length because the marriage continues.
- •New to Arizona. Divorce requires 90 days of Arizona domicile before filing; legal separation does not. Some new arrivals file for legal separation first and convert to divorce later (§ 25-325(B)) once the 90-day requirement is met.
- •Room to reconcile. A separation decree can be terminated by mutual stipulation if the couple reconciles (§ 25-313(C)) — divorce cannot.
- •Tax and financial considerations. Filing status, benefits, and pension treatment can differ between separation and divorce. These effects are situation-specific — a tax professional or the reviewing attorney can address them for a particular case.
Why some people choose divorce instead
- •Ability to remarry. Only a dissolution decree ends the marriage and restores the right to remarry.
- •A clean, final break. Divorce fully ends the legal relationship; legal separation leaves the spouses legally tied to each other.
- •One spouse can proceed alone. A legal separation requires the other spouse not to object (§ 25-313(A)(5)); a divorce does not require the other spouse's agreement.
- •Avoiding a second proceeding. If the marriage is over, a separation that later converts to divorce means two court processes instead of one.
This page is general information about Arizona law, not advice about your case. Every Doctrine Legal matter is reviewed by a licensed Arizona attorney who can discuss which path fits your circumstances before anything is filed.
Compare our uncontested divorce service →Who this is for
- ✓At least one spouse currently domiciled in Arizona (or stationed here on military orders) — no 90-day wait (A.R.S. § 25-313(A)(1))
- ✓Both spouses agree to a legal separation — Arizona requires that the other spouse not object (A.R.S. § 25-313(A)(5))
- ✓Both spouses agree on division of property and debts
- ✓Both spouses agree on parenting plan and child support (if applicable)
- ✓No contested issues requiring trial
Covenant marriages: Arizona law applies different, fault-based grounds for legal separation in a covenant marriage (A.R.S. § 25-904). The reviewing attorney will address this during review if it applies.
What you get
- →Petition for Legal Separation (with or without children)
- →Consent Decree of Legal Separation
- →Parenting Plan and Child Support Worksheet (if children)
- →Property Settlement Agreement
- →Sensitive Data Sheet and Summons
- →Service-of-process guidance (Acceptance of Service preferred)
- →Personal review and signature by an AZ-barred family-law attorney
- →E-filing in the appropriate AZ Superior Court
💡 Support amounts in a legal separation use the same Arizona guidelines as divorce. Estimate child support & spousal maintenance with our free AZ calculator →
The 4-step process
From your couch to court-filed in days, not months.
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1Intake
Answer simple questions online. Mobile-friendly. About 20 minutes for most cases.
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2AI Drafts
Our software prepares your documents using your answers and current AZ forms.
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3Attorney Reviews
A licensed Arizona attorney personally reviews, corrects, and signs your package.
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4Filed for You
We e-file with the appropriate AZ court (or deliver execution-ready documents).
Start your legal separation intake
Takes about 2 minutes. A real AZ-barred attorney will contact you within 24 hours.
Arizona gives you two ways to change course
If you reconcile, both spouses can jointly terminate the separation decree and restore the marriage (A.R.S. § 25-313(C)). If the marriage is over, either spouse can convert the separation into a divorce (A.R.S. § 25-325(B)). We prepare the paperwork for both.
Frequently asked
Is a legal separation faster than a divorce?+
The court process is essentially the same length — Arizona applies the same 60-day waiting period after service before either decree can be entered (A.R.S. § 25-329). The difference is at filing: legal separation has no 90-day residency requirement, so a new Arizona resident can typically file for separation sooner than for divorce.
What if my spouse won't agree to a legal separation?+
Arizona law requires that the other spouse not object to a decree of legal separation. If a spouse objects and either spouse meets the 90-day divorce residency requirement, the statute directs the court to have the pleadings amended to seek a dissolution of marriage instead (A.R.S. § 25-313(A)(5)). In practice this means a legal separation works only when both spouses are on board.
Will my spouse stay on my health insurance?+
It depends on the plan. Because a legally separated couple is still married, some plans continue spousal coverage — but many employer and ERISA plans treat a court-ordered legal separation as an event that ends a spouse's coverage, the same as divorce. The plan documents control, and federal COBRA rules may offer temporary continuation at the spouse's expense if coverage is lost. The only reliable answer comes from the plan administrator before filing.
Can we undo the separation if we reconcile?+
Yes. Arizona has a specific statute for this: at any time after a final decree of legal separation (that hasn't been converted to a divorce), both spouses may file a stipulated order terminating the decree. The marital community re-forms as of the termination date, and property acquired during the separation stays each spouse's separate property (A.R.S. § 25-313(C)). See our reversal & conversion service.
Can a legal separation become a divorce later?+
Yes. Either spouse may later file a petition for dissolution under the same case number; it proceeds as a new action and the court may enter a divorce decree under A.R.S. § 25-312. The property division from the separation decree generally stays binding (A.R.S. § 25-325(B)). See our reversal & conversion service.
Are court filing fees included?+
No — the $699 covers our service and AZ attorney review. Superior Court filing fees vary by county and are billed at cost. Fee deferrals may be available.
The information on this page is general information about Arizona law, verified against the cited statutes. It is not legal advice and is not a substitute for advice from a licensed attorney about your specific situation. A licensed Arizona attorney reviews every Doctrine Legal matter. Using this site does not create an attorney-client relationship.