Legal separation is a process by which parties do not actually dissolve their marriage but rather divide property and debt from marriage as well as make appropriate orders regarding children and support of family. It is required that the parties live separate and apart where this type of action is sought. Even where parties decide to separate rather than divorce the Arizona court process is the same or similar to that of divorce. Most individuals who obtain a separation in lieu of a divorce do so with the hope that the marriage can be reconciled or for religious reasons. Where these types of reasons don’t exist a separation action may be wasteful. If one party desires a separation of the marriage but the other party would rather dissolve the marriage, the court will automatically convert the action to a dissolution of marriage. It should be noted that when parties separate and do not divorce, remarriage is not possible.
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