In Arizona, a legal separation can last indefinitely. But at some point, it may no longer reflect the spouses’ personal or financial interests. Depending on the situation, they have two main options to move forward: seeking formal termination of the legal separation decree or filing for a dissolution of marriage. 

The first option involves formally terminating the legal separation decree through a stipulated order filed with the court. This route is appropriate for couples who have reconciled and wish to resume their marital status. Arizona Revised Statutes 25-313 requires the spouses to make certain stipulations as follows:

• Mutual agreement — Both spouses must agree to end the separation and restore their marital status. This agreement needs to be voluntary and free from any pressure or coercion.

• Re-formation of marital community — Upon termination, the marital community is considered "re-formed" as if the marriage had continued uninterrupted. This means any assets or debts acquired during the separation become joint marital property again.

• Separate property remains separate — Property awarded to each spouse as separate property during the separation remains separate. Additionally, any debts or assets acquired individually during that period stay with the incurring party.

• Waiver of payments — Unless otherwise specified, any outstanding property payments to either spouse under the separation decree are waived, which means there can be no disputes raised in court.

• Parenting and support orders terminated — Existing parenting plans and child support/spousal maintenance provisions are no longer enforceable. Except as to any sum owed to the state, each party waives any claims for amounts that may remain due and owing from the time period in which the support provisions under the decree of legal separation were in effect.

• Creditor rights remain — Termination will not affect the rights of creditors who relied on the separation decree's terms.

Legal separation can also be converted to a dissolution of the marriage. This option offers a clean slate and provides an opportunity to address outstanding issues like child custody, child support, and spousal maintenance through a court-approved consent decree.

Much of the negotiated agreement and parenting plan from the separation decree can be incorporated into the Consent Decree for Dissolution. This can streamline the process and potentially reduce costs. If there are disagreements regarding alimony, child support or custody, the case may proceed to trial.

As with any Arizona divorce, at least one spouse must have resided in in the state for at least 90 days before filing for dissolution based on legal separation.

Ending a legal separation, whether through termination or dissolution, can involve legal complexities. An experienced family law attorney can help ensure a smooth and efficient process that protects your interests.

Clark & Schloss Family Law, P.C. Scottsdale helps legally separated spouses in Arizona end their separation or obtain marriage dissolution quickly and cost-effectively. Call 602-789-3497 or contact us online to schedule a free initial consultation.