Legal Separation vs. Divorce....
What's the Difference?
What is a Legal Separation?
The legal separation process is similar to a divorce, but at the end of that process, you are still married; however, your finances are separated and provisions are made for spousal maintenance, child support, legal decision-making and parenting time. During the legal separation process, the parties can remain living together or one spouse may move out, that is up to the parties. At the end of the legal separation process the Court will issue a Decree of Legal Separation addressing all of the financial issues and issues relating to your children. A legal separation can be reversed, while a divorce cannot.
What is a Divorce?
A divorce will legally end your marriage, allowing both parties to remarry in the future. The Court will equitably divide the marital estate and confirm any sole and separate property to the rightful owner. The Court will also address the issues of spousal maintenance (a.k.a. alimony) and all issues regarding your minor children. Unlike a legal separation, a divorce cannot be reversed, you would have to remarry.
What's the Difference?
The main difference between a legal separation and a divorce is that you are still married after the legal separation, while in the divorce proceeding your marriage is ended. During the legal separation process, you can easily convert to a divorce if the passage of time, prior to the entry of the Decree of Legal Separation, demonstrates that the marriage is irretrievably broken. Both processes will require the parties to address a division of their assets and allocation of their debts, a Parenting Plan and provisions for both spousal maintenance and child support.
What Are the Similarities?
The Court process, Rules (Arizona Rules of Family Law Procedure), timing and cost of a legal separation and divorce are all similar.
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