What a Petition for Legal Separation Requires
A legal separation in Arizona follows rules similar to a divorce. One spouse must live in the state. The court must also confirm that conciliation rules have been met.
The marriage must be irretrievably broken. Or one or both parties must want to live separately.
The other party does not object to a decree of legal separation. If the other party objects to a decree of legal separation, on one of the parties meeting the required domicile for dissolution of marriage, the court shall direct that the pleadings be amended to seek a dissolution of the marriage.
A.R.S. § 25-313(A)(5)One key difference: if the other spouse objects, the court converts the case into a divorce. A petition for separation only works when both parties are willing, or when neither objects.
If one spouse wants a divorce instead, the court must allow it.
Ending a Legal Separation
Arizona law lets couples undo a legal separation if they reconcile. Both parties can sign a written agreement that ends the decree and restores their married status.
When the separation ends, the marital community re-forms as of that date. Property awarded as separate during the separation stays separate.
Spousal support and child support from the separation agreement no longer apply. Both parties must agree that creditors who relied on the separation terms keep their rights.
Legal separation has major effects on estate planning. During a separation, beneficiary forms, trust rules, and powers of attorney may all need review.
A legal separation does not automatically revoke a spouse's rights under existing estate documents. A divorce decree might, but a separation does not.
This includes checking beneficiary forms on retirement accounts, life insurance, and payable-on-death accounts. A divorce attorney can work with estate planning counsel to cover all the details.