What Happens if I File for Legal Separation, but My Spouse Files for Divorce | Phoenix Family Law
Phoenix Legal Separation & Divorce
The court can only grant a decree of legal separation if it finds that one (1), both parties desire to live separate and apart and two (2), neither party objects to the legal separation. If either party objects to the legal separation, the court will convert the case into a divorce, or dissolution of marriage.
So, if you file for legal separation and your spouse does not agree and instead files for divorce, the court cannot grant a legal separation and the case will be processed as a dissolution of marriage. Other than religious grounds, there are usually not strong legal reasons for pursuing a legal separation instead of a divorce. If you would like more information about the difference between a legal separation and a divorce, please contact me.