Divorce vs. Legal Separation

Gillespie, Shields & Associates

When spouses are facing difficulties, they may choose to obtain a divorce or they may choose to legally separate.  Divorce is defined as the legal termination or dissolution of marriage.  Once people obtain a divorce, they will no longer be married according to the law.  However, when spouses go through a legal separation, they remain married, but live separately.  This means that they may live in separate residences or establish separate lives, but will still be married to one another according to the law.

Why do People Legally Separate?

There are numerous reasons why people may choose to legally separate.  First, they may wish to stay married for religious reasons and will legally separate to avoid divorce.  Second, they may wish to continue receiving income tax benefits or tax deductions for being married.  Third, they may remain married because they think it is in the best interests of their children.  Finally, they may file for legal separation to firmly establish their separate lives (married, but living apart). 

Filing for Legal Separation

Like divorce, numerous issues must be resolved when a couple decides to file for a legal separation including child support, child custody, asset division and alimony.  When people file for legal separation, they will either reach a mutual agreement on these issues or they will leave it in the hands of the family court.  Once people legally separate, they will remain married, which means that they cannot marry other people.  In order to marry other people, spouses will need to complete the divorce process and terminate their existing marriage.

Arizona Family Lawyers

Helping Clients in Phoenix, Mesa, Chandler & Gilbert

If you are looking for an empathetic Phoenix divorce or legal separation attorney, do not hesitate to contact Gillespie, Shields & Associates today!