What is the difference between a legal separation and a divorce?
The difference between a legal separation and a divorce in Arizona is significant. Legal separation is a much less permanent situation than a divorce. Legal separation is a process in which the couple obtains a court order which outlines each spouse’s obligations while they are apart. This court order outlines the responsibilities of each spouse in regards to child support, spousal support, and any other financial obligations the couple has. In contrast, a divorce is a much more permanent process. It dissolves the marriage and the court order that comes out of the divorce creates a new set of financial responsibilities for each spouse. This includes division of assets, child custody, and spousal support. In Arizona, a divorce is “uncontested” if both parties agree to all the terms of the divorce and “contested” if they do not. Legal separations are generally much less expensive and much less time-consuming than a divorce. If the couple ultimately decides they want a divorce, but still live apart, they can convert the separation into a divorce without having to go through the entire process again. Overall, legal separations and divorces in Arizona can be very different. Legal separations are much less permanent and generally less expensive and time-consuming. However, if a couple eventually decides they want to get divorced, they can convert the separation into a divorce.
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