A legal separation is very similar to a divorce in that all of the issues in ending a marriage are addressed, except that the parties are still legally married. Just as in a divorce proceeding, the court will resolve the division of assets and liabilities, spousal maintenance, child custody, child support, and other issues during a legal separation. Legal separations are not very common and are typically used by spouses earnestly trying to work through any personal or financial issues adversely affecting the marriage.

If spouses agree on all issues (property and debt division, spousal and child support, custody, parenting time, etc.) they will be granted an uncontested divorce – which is proceeded by a Consent Decree, avoiding adversarial divorce litigation. Conversely, if spouses cannot agree on any of the issues, then a contested divorce exists, and the parties proceed through all phases of litigation, including a trial before a judge.

If spouses agree on all issues and proceed with an uncontested divorce, a Family Court judge can sign the Consent Decree – after the required sixty (60) day “cooling-off period.” If spouses are not in agreement and the divorce is contested, the length of the case varies depending on a number of factors, such as complexity of issues, time to complete discovery, and availability on the judge’s calendar. In Maricopa County, the average contested divorce can take about 8-10 months. An Arizona divorce attorney can give you a better idea of the estimated length of your case.