When a marriage reaches the point where one or both spouses are considering ending it, a common question arises: Do you have to go through a legal separation before filing for divorce in Arizona? The short answer is: No. Arizona law does not require legal separation before divorce, but understanding the difference between the two options can help you decide what makes sense for your situation.
Divorce vs. Legal Separation: The Key Difference
In Arizona, both divorce and legal separation require the court to resolve the same core issues, including:
Division of marital property and debts
Parenting time and legal decision-making (custody)
Child support and spousal maintenance (alimony)
The crucial distinction is this:
Divorce legally dissolves the marriage. You and your spouse are restored to the legal status of being single and free to remarry.
Legal separation defines financial and parenting obligations but does not end the marriage. You remain legally married, even though you live apart.
Arizona Revised Statutes make this distinction clear. For divorce, see A.R.S. § 25-312, which outlines the requirements to dissolve a marriage. For legal separation, see A.R.S. § 25-313, which provides nearly identical grounds and procedures, but without terminating the marital bond .
Do You Need Separation Before Divorce?
Unlike some states, Arizona does not require couples to legally separate before filing for divorce. If your goal is to end your marriage, you can file for divorce directly as long as you meet residency requirements:
At least one spouse has lived in Arizona for 90 days prior to filing for divorce (A.R.S. § 25-312(1)).
If children are involved, they must have lived in Arizona for at least six months (with limited exceptions) .
That means you do not have to go through legal separation unless you specifically want it.
When Legal Separation Might Make Sense
Even though it isn’t required, some couples opt for legal separation. Reasons might include:
Religious or moral beliefs – For some faiths, divorce is discouraged, so separation provides a middle ground.
Financial or health benefits – Legal separation may allow a spouse to remain on the other’s health insurance or access certain benefits.
Trial period – Couples unsure about divorce may use separation as a way to live apart with financial and parenting orders in place.
Immigration status – Legal separation can sometimes protect a spouse’s residency or citizenship process.
In all these cases, legal separation provides court-ordered clarity without ending the marriage.
Why Many Couples Skip Separation
On the other hand, many Arizona couples go directly to divorce. Common reasons include:
Finality – Divorce provides closure and allows both spouses to move forward independently.
Efficiency – Since the process is almost identical, filing for both separation and divorce often feels redundant.
Remarriage – Only divorce restores your legal right to remarry.
Reduced costs – Going directly to divorce avoids paying for two separate legal actions if divorce is the eventual outcome anyway.
Can Separation Be Converted Into Divorce?
Yes. If you file for legal separation in Arizona and later decide divorce is the better option, either spouse can ask the court to convert the separation into a divorce (A.R.S. § 25-327) . This can make things simpler because financial and custody arrangements may already be in place.
Which Is Right For You?
Ask yourself:
Do I want to leave the door open for reconciliation?
Are there financial, religious, or immigration reasons for staying legally married?
Or am I ready for a complete and final resolution?
If you’re unsure, consulting with an experienced Arizona family law attorney can help you weigh your options.
Final Thoughts
To sum it up: Arizona does not require legal separation before divorce. If your intention is to end your marriage, you can file for divorce directly. However, legal separation may be a valuable tool for couples who want to live apart with defined financial and parenting responsibilities but remain legally married.
At High Desert Family Law Group, we’re here to guide you through whichever path you choose with clarity, compassion, and the legal experience you can rely on.
Sources
Arizona Revised Statutes § 25-312 – Requirements for dissolution of marriage.
Arizona Revised Statutes § 25-313 – Requirements for legal separation.
Arizona Judicial Branch, “Divorce in Arizona: A Guide for Petitioners and Respondents.”
Arizona Revised Statutes § 25-327 – Modification of decree of separation or divorce.
