How-Long-Does-Legal-Separation-Take
Written by Michelle N. Ogborne

How Long Does Legal Separation Take?

It takes about 90 to 120 days to get a legal separation from start to finish on average according to multiple national sources. Filing a petition for legal separation is the first step. After you file a petition for legal separation you must wait up to 30 days for your spouse to respond. It takes about 60 days or 2 months after they respond to get a divorce decree in Arizona.

AuritMediation says, “A legal separation takes the same amount of time as an Arizona divorce. Under Arizona law, a legal separation cannot be finalized until 60 days after the Petitioner serves the Respondent. In mediation, the entire process can take 2-4 months. In litigation, the process can take up to one year or longer.”

According to AZLeg.Gov ARS 24-329, “The court shall not consider a submission of a motion supported by affidavit or hold a trial or hearing on an application for a decree of dissolution of marriage or legal separation until sixty days after the date of service of process or the date of acceptance of process.

Sources say the average time to finalize a legal separation is 90 to 120 days. However, the legal separation process can take even longer, up to six months, especially if your separation involves children.

How Long Can You Be Legally Separated?

Arizona law allows you can be legally separated for as long as you like. Legal separation is not a “step” on the way to divorce; it is a completely different legal status. If the reasons for choosing that status remain in effect, the legal separation can remain in effect as well. If spouses elect to reconcile, the status of legal separation can be set aside. If one or both spouses decide to divorce after they are already legally separated, they can do this as well.

According to HildebrandLaw, “You can be legally separated in Arizona for as long as both spouses wish or until the death of one of the spouses. The death of a spouse terminates the marital relationship automatically without the other spouse having to go to court to obtain a divorce in Arizona. The legal separation, however, can also terminate if either party files a divorce petition and gets a divorce decree from a court.”

Do I Need a Legal Separation Lawyer?

Sources suggest hiring a legal separation lawyer if your not sure how the legal separation process works, not sure how to make a separation agreement on your own, or are worried about navigating the legal system without advice. MyDomaine says, “Overall, since laws vary from state to state be sure to check with an attorney to make sure you are taking the correct steps to legally protect yourself.

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Speak with Our Legal Separation Lawyers in Phoenix, Arizona Today

Ogborne Law can help with a legal separation in Arizona. Our legal separation lawyers have many years of experience in drafting separation agreements. Our law office is located at 5020 E Shea Blvd Suite 240, Scottsdale, AZ 85254 inside the Paradise Valley Plaza.

While the legal separation process is not for everyone, it can save you money, stress, and hassle vs getting a litigated divorce. Speak with our legal separation lawyers in Phoenix, AZ to find out if legal separation is right for your family.

If you’re ready to start your consultation with Ogborne Law, visit our Consultation request page.

Contact Ogborne Law today and let us show you how we can help protect your kids and your family.