Legal separation is a legally recognized status in some states in which the spouses’ act of separating or living apart has legal consequences and changes the spouses’ rights and responsibilities. In some states the legal separation process is supervised by the court, which issues court orders for the parties to follow during their legal separation.

And in some states the spouses may enter into a written separation agreement that defines their rights and responsibilities during the separation period. Some states even require spouses to be separated for some period of time (e.g., one year) before they are able to divorce.

But some states—including Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas—do not recognize legal separation, and the spouses are married, with the same rights and responsibilities, until they are divorced.

Laws regarding legal separation vary from state to state and are usually located in a state’s statutes—often in the family or domestic relations code.

In Arizona, legal separation is a legally recognized status that is distinct from divorce. It allows spouses to live apart while remaining legally married. The process of legal separation in Arizona is supervised by the court, which can issue orders regarding matters such as division of property, spousal maintenance (alimony), and child custody and support, similar to those made in a divorce proceeding. To obtain a legal separation in Arizona, one of the spouses must file a petition with the court, and it must be proven that the marriage is irretrievably broken or that one of the spouses desires to live separate and apart. The couple may also enter into a separation agreement that outlines their rights and responsibilities during the separation period. Unlike some states, Arizona does not require couples to be legally separated for any period of time before filing for divorce. The statutes governing legal separation in Arizona can be found in the Arizona Revised Statutes, specifically within Title 25 - Marital and Domestic Relations.