How divorce differs from legal separation:
In the state of Arizona, there are in actuality more similarities between a legal separation and a divorce than there are differences. In both a legal separation and a divorce, the Court will issue final orders deciding on issues such as division of debts and assets, child visitation and support, and spousal maintenance. The one significant difference between these two proceedings, is at the end of a divorce you are eligible to remarry, whereas with a legal separation you are not.
Why would you choose a legal separation over a divorce? There are many personal or religious reasons for choosing a legal separation instead of a divorce. Some religions do not allow for divorce. Some may feel an uncertainty of the marriage being irrevocably broken or the prospect of reconciliation. For some, it simply comes down to a spouse needing to maintain health insurance coverage. The reasons are vast and personal.
If you are trying to determine which of these is right for your situation and would like a legal opinion, please feel free to call our office to schedule a consultation.