🔄 Reverse or Convert a Legal Separation
Arizona law provides two distinct paths after a Decree of Legal Separation: terminate the decree and restore the marriage if you reconcile, or convert the separation into a divorce if the marriage is over. We prepare the paperwork for either path, reviewed by an AZ-barred family-law attorney.
Two paths, two statutes
Both start from a final Decree of Legal Separation. Which one applies depends on where the marriage is headed.
Reconciliation — terminate the decree
- •Both spouses must agree. The statute requires a stipulated order — a joint filing signed by both parties, stating they agree to terminate the separation and restore their status to legally married, voluntarily and without duress.
- •Filed under the same case number as the original separation — no new lawsuit.
- •On entry, the marital community re-forms as of the termination date — as if the couple married on that day. Property and debts acquired during the separation stay each spouse's separate property.
- •Parenting, child-support, and spousal-maintenance orders from the separation decree no longer apply once the decree is terminated.
- •Available at any time after the final separation decree — as long as it hasn't already been converted into a divorce.
Conversion — separation to divorce
- •Either spouse may file — agreement is not required. A new Petition for Dissolution of Marriage is filed under the same case number as the separation, but it proceeds as a new and separate action.
- •The other spouse is served under Rule 40 of the Arizona Rules of Family Law Procedure, like a new case.
- •The court enters the divorce decree under A.R.S. § 25-312 — which includes the 90-day Arizona domicile requirement and the 60-day waiting period after service (§ 25-329).
- •The property division from the separation decree stays binding. The statute bars revoking or modifying it unless conditions justify reopening a judgment. Support and parenting terms may be set anew "on terms that are just."
- •No waiting period to file — conversion can be sought at any time after the separation decree.
Note: an objection during a pending legal-separation case is a different situation — there, A.R.S. § 25-313(A)(5) directs the court to have the pleadings amended to seek dissolution if the divorce residency requirement is met. This page covers what happens after a separation decree is final.
Start your reversal / conversion intake
Takes about 2 minutes. A real AZ-barred attorney will contact you within 24 hours with a confirmed flat-fee quote before anything is filed or paid.
Frequently asked
If we reconcile, do we get back the property we divided?+
No — and that's by statute. When a separation decree is terminated under A.R.S. § 25-313(C), property awarded as sole and separate in the decree, and anything acquired (or debts incurred) between the decree and the termination, remain each spouse's separate property. The marital community re-forms prospectively, as if the couple married on the termination date.
Can one spouse alone undo a legal separation?+
Not by reconciliation — terminating the decree requires a stipulated order from both spouses (A.R.S. § 25-313(C)). One spouse acting alone can, however, convert the separation into a divorce (A.R.S. § 25-325(B)).
Does converting to divorce reopen our property division?+
Generally no. A.R.S. § 25-325(B) provides that the property provisions of the separation decree (or an approved property settlement agreement) may not be revoked or modified in the conversion action unless the court finds conditions that would justify reopening a judgment. Support and parenting terms, by contrast, may be set on terms that are just in the new action.
How long does a conversion to divorce take?+
The conversion petition proceeds as a new action: the other spouse is served (Rule 40, Arizona Rules of Family Law Procedure), the 60-day waiting period after service applies (A.R.S. § 25-329), and the decree is entered under A.R.S. § 25-312. Cooperative cases usually finalize on a similar timeline to an uncontested divorce.
What does this cost?+
Our flat fee is $399 for a reconciliation (a stipulated order terminating the separation decree, A.R.S. § 25-313(C)) and $699 for a conversion to divorce (a new dissolution petition, A.R.S. § 25-325(B)). A stipulated termination is a lighter filing than a full conversion, which is why it costs less. Court filing fees are billed at cost, and an AZ-barred attorney confirms your quote in writing before anything is filed or paid.
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.