A legal separation in Arizona divides your property, debts, parenting time and support just like a divorce, but you stay legally married. A divorce ends the marriage completely. Both are filed in Superior Court and cost the same with Dynasty Legal Documents — so the real decision is whether you want to remain married on paper.
This guide explains how each one works under Arizona law, what legal separation can and cannot do, how a separation can later become a divorce, and exactly what each costs in Maricopa County. It is general legal information to help you understand your options; the choice between them is yours, and an attorney can advise on your specific situation.
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- Updated September 25, 2026
Key Takeaways
- A decree of legal separation divides community property and debts and sets parenting time and support, but the spouses remain legally married and cannot remarry (A.R.S. § 25-313).
- If one spouse objects to a legal separation, Arizona law directs the court to have the case amended to a divorce, as long as the 90-day domicile requirement for divorce is met.
- Both a legal separation and a divorce carry a 60-day waiting period after service before the court can enter the decree (A.R.S. § 25-329).
- Dynasty prepares and files legal separation and divorce packages for the same flat fees, $475 to $1,200, plus the court’s filing fee.
What Is the Difference Between Legal Separation and Divorce in Arizona?
The only thing a divorce does that a legal separation does not is end the marriage. In both cases the court can divide community property and debts, decide legal decision-making and parenting time, and order child support and spousal maintenance. After a legal separation decree you are still married, so neither spouse can remarry until the marriage is dissolved.
| Legal separation | Divorce (dissolution) | |
|---|---|---|
| Marriage legally ends | No — you remain married | Yes |
| Can remarry | No | Yes, after the decree |
| Property and debts divided | Yes | Yes |
| Parenting time and legal decision-making | Yes | Yes |
| Child support and spousal maintenance | Yes | Yes |
| Residency to file | One spouse domiciled in Arizona when the case is filed (A.R.S. § 25-313) | One spouse domiciled in Arizona for 90 days before filing (A.R.S. § 25-312) |
| If the other spouse objects | Case is amended to a divorce | Objection does not stop the divorce |
| 60-day waiting period | Yes | Yes |
| Maricopa County filing fee | $376 petition | $376 petition |
| Dynasty flat fee | $475 – $1,200 | $475 – $1,200 |
How Legal Separation Works in Arizona
A legal separation follows the same court path as a divorce: a petition, service on the other spouse, a 60-day waiting period, and a decree. Under A.R.S. § 25-313, the court can enter a decree of legal separation when it finds that:
- One spouse was domiciled in Arizona, or stationed here in the armed services, when the case began.
- The marriage is irretrievably broken, or one or both spouses want to live separate and apart.
- For a covenant marriage, one of the grounds in A.R.S. § 25-904 applies.
- The other spouse does not object to a legal separation.
That last point is the one that surprises most people. If your spouse objects to a legal separation, the statute directs the court to have the pleadings amended to ask for a divorce instead, provided one spouse meets the 90-day domicile requirement for dissolution. In other words, a legal separation only happens when neither spouse insists on a divorce.
As with divorce, the court cannot hold the final hearing or sign the decree until 60 days after the other spouse is served or accepts service, under A.R.S. § 25-329. If you and your spouse agree on everything before filing, a summary consent petition for legal separation is also available.
Why Couples Choose Legal Separation Instead of Divorce
People usually choose legal separation because they want the financial and parenting protections of a divorce without ending the marriage. Common reasons include:
- Religious or personal beliefs that discourage divorce.
- Time to decide. A separation sets clear rules for money and children while the spouses live apart, and it can be ended if they reconcile.
- Insurance or benefits. Some employer or government plans treat a legally separated spouse differently from a former spouse; the plan’s own rules decide this, so confirm with the plan administrator before filing.
- Protecting new earnings. Under A.R.S. § 25-211, property acquired after service of a petition for legal separation is not community property, as long as the case ends in a decree.
Arizona is a community property state, so the separation decree divides what the spouses acquired together during the marriage, the same way a divorce decree would.
What Legal Separation Does Not Do
A legal separation does not end the marriage, so you cannot remarry and you are still legally each other’s spouse. That has real consequences to think through:
- You cannot remarry until the marriage is dissolved by a divorce decree.
- If you reconcile, the separation does not simply lapse. A.R.S. § 25-313 lets the spouses file a stipulated order to terminate the legal separation; the marital community is then re-formed and the separation’s parenting and support orders stop applying.
- If one spouse later wants a divorce, a new request to the court is still required. Arizona is a no-fault state, so one spouse’s refusal alone does not stop a divorce.
Can a Legal Separation Be Turned Into a Divorce Later?
Yes. Either spouse can later ask the court to dissolve a marriage that is already legally separated. Arizona does not require couples to separate before divorcing, and it does not force a separated couple to stay married. Because property, debts, parenting time and support were already decided in the separation decree, the divorce is often straightforward when both spouses want the same terms carried over — but it is still a court filing with its own paperwork and fees.
During an open legal separation case, the change can happen even sooner: if the other spouse objects to legal separation, the case is amended to a divorce under A.R.S. § 25-313.
How Much Does a Legal Separation Cost in Arizona?
With Dynasty Legal Documents, a legal separation costs $475 to $1,200 — exactly the same as a divorce — plus the Maricopa County filing fee of $376. The package price depends on whether you have minor children and whether the package carries the case through the final decree. Every package includes filing all documents in your case; court filing fees are paid separately.
| Dynasty package | Legal separation | Divorce |
|---|---|---|
| Without children (No Decree) | $475 | $475 |
| Without children (with Decree) | $950 | $950 |
| With children (No Decree) | $600 | $600 |
| With children (with Decree) | $1,200 | $1,200 |
Example all-in cost: a legal separation with children, taken through the decree, is $1,200 with Dynasty plus the $376 Maricopa County petition fee — about $1,576 before any process server fee or parenting class. If your spouse files a response, the court charges that spouse $287. A “with decree” package includes the Acceptance of Service, Notice of Lodging, Consent Decree and/or Default Decree and Property Settlement Agreement; see every document in each package on our Arizona divorce and legal separation document packages page, and the full court-fee breakdown in how much a divorce costs in Arizona.
Steps to File for Legal Separation With Dynasty
- Free consultation. Call 602.892.2218. We confirm whether legal separation or divorce is the process you have chosen and which package fits.
- Information gathering. You provide details on property, debts, income and, if you have children, the parenting schedule.
- Drafting to your approval. Your petition, parenting plan, child support worksheet and spousal maintenance worksheet are prepared from your information, and you review everything first.
- Filing and service. Dynasty files with the Clerk of the Superior Court and sets up service or an Acceptance of Service.
- Decree. After the 60-day waiting period, the consent or default decree and property settlement agreement are lodged on with-decree packages.
When you should talk to an attorney instead
Deciding between legal separation and divorce can affect benefits, taxes, inheritance and immigration or military status in ways a document preparer cannot advise on. Consider a licensed family law attorney if:
- You are choosing legal separation to keep health insurance, military or retirement benefits and need to know whether that will work for your plan.
- Your spouse objects, contests property or parenting issues, or has an attorney.
- There is domestic violence or you need emergency orders.
- Either spouse owns a business or has complex retirement, investment or real-estate holdings.
Dynasty maintains a referral network of Arizona attorneys and will tell you at the free consultation if your case is one to refer out. Dynasty cannot work with individuals who are currently working with an attorney on the same matter.
Frequently Asked Questions
Is it better to get a legal separation or a divorce in Arizona?
Neither is better in general; they solve different problems. A legal separation divides property, debts, parenting time and support while keeping the marriage in place, which some couples want for religious, personal or benefits reasons. A divorce does the same things and ends the marriage so both spouses can remarry. Which one fits your situation is your decision, and an attorney can advise you on how either choice affects your benefits and taxes.
What are the disadvantages of legal separation in Arizona?
You remain legally married, so neither spouse can remarry until a divorce is granted. If one spouse later wants a divorce, that is a second court filing with its own fees. And if the other spouse objects to legal separation, Arizona law directs the court to amend the case to a divorce instead, under A.R.S. § 25-313.
How long does a legal separation take in Arizona?
The court cannot enter a decree of legal separation until 60 days after the other spouse is served or accepts service, under A.R.S. § 25-329. Agreed cases often finish soon after that waiting period, while contested cases take longer depending on the court's schedule.
How much does a legal separation cost in Arizona?
Dynasty Legal Documents prepares and files Arizona legal separation packages for $475 to $1,200 flat, the same as its divorce packages. The Maricopa County filing fee for a petition is $376 (verified September 25, 2026), and a spouse who files a response pays $287. Process server fees and parenting classes are not included.
Do you have to live in Arizona to get a legal separation?
Arizona law requires that one spouse be domiciled in Arizona, or stationed here in the armed services, when the legal separation case is filed (A.R.S. § 25-313). A divorce requires 90 days of domicile before filing (A.R.S. § 25-312), which matters if the other spouse objects and the case is amended to a divorce.
Can you date or remarry while legally separated in Arizona?
You cannot remarry, because a legal separation does not end the marriage. Only a decree of dissolution ends it. Questions about how dating or a new relationship could affect property, support or parenting issues in your case are best taken to an attorney.
Can a legal separation be reversed if we reconcile?
Yes. After a final decree of legal separation, A.R.S. § 25-313 allows the spouses to file a stipulated order terminating the legal separation. The marital community is re-formed, and the parenting and support orders from the separation no longer apply.
Arizona Resources
- A.R.S. § 25-313 — Decree of legal separation
- A.R.S. § 25-312 — Dissolution of marriage; findings necessary
- A.R.S. § 25-211 — Property acquired during marriage
- A.R.S. § 25-329 — Waiting period
- Maricopa County Superior Court — Divorce, Legal Separation and Annulment resource guide
- Maricopa County Clerk of the Superior Court — Filing Fees
Request a FREE Consultation about legal separation or divorce.
Arizona legal separation and divorce packages — drafted, filed and tracked — for $475 to $1,200 flat.
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DISCLAIMER: Dynasty Legal Documents is a certified legal document preparation service licensed by the Arizona Supreme Court (CLDP #81830 & #81440). We are not a law firm and do not provide legal advice, legal opinions, or legal representation. The information contained on this website is for general informational purposes only and does not constitute legal advice. Use of this website does not create an attorney-client relationship. For legal advice specific to your situation, please consult a licensed attorney. Dynasty Legal Documents is not responsible for any errors, omissions, or outcomes resulting from the use of information provided on this site.
