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A.R.S. § 25-313

Legal Separation: Requirements and Differences

Verified April 4, 202657th Legislature, 1st Regular Session

Arizona allows married couples to get a legal separation instead of a divorce. The court addresses community property, spousal support, and custody. The marriage remains legally intact. Either party can later file for divorce, or both can agree to end the separation.

Title 25, PREMARITAL AND MARITAL AGREEMENTS

azleg.gov

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.

25-313. Decree of legal separation; findings necessary; termination of decree A. The court shall enter a decree of legal separation if it finds each of the following: 1. That one of the parties, at the time the action was commenced, was domiciled in this state or was stationed in this state while a member of the armed services. 2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met. 3. The marriage is irretrievably broken as prescribed in section 25-312 or one or both of the parties desire to live separate and apart. 4. If the marriage is a covenant marriage, any of the grounds prescribed in section 25-904. 5. 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. B. To the extent it has jurisdiction to do so, the court shall make provisions for legal decision-making and parenting time, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of the property. C. At any time after entry of a final decree of legal separation that has not subsequently been converted into a decree of dissolution of marriage, the parties may stipulate to termination of the decree of legal separation.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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