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Legal Separation in Arizona
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Legal Separation in Arizona
Legal separation is almost identical to a divorce in every way except one: You are still married at the end of it. Otherwise, the process and issues are the same: The community property needs to be separated, what happens with the children need to be decided, and the court must rule on whether one party is entitled to child or spousal support from the other party. The only difference is you are still married at the end of the proceedings.
Some people think that just because they are living apart, they are legally separated. That is not a legal separation. You are still married, and still accumulating marital property in the eyes of the law. A legal separation can only happen through the Courts.
There are many reasons why someone might choose to get legally separated. Some of the common reasons are (1) to remain on certain benefits belonging to the other spouse, (2) to avoid liability for the other spouse’s actions or business dealings, (3) for emotional reasons because the parties are not ready to divorce, (4) for religious reasons, or (5) to separate themselves financially.
As for separating the parties financially, legal separation is the strongest option for people who don’t want to live under community property laws but want to remain married. The reason why legal separation is stronger in this regard than a postnuptial agreement is because a postnuptial agreement is more easily set aside or overturned.
Both parties must agree to a legal separation. If either party wants to convert the legal separation into a divorce, they may do so. If at a later date the parties want to divorce they can begin that process.
We Guide You Through Legal Separation
If you are considering legal separation, here are some questions to consider:
- Why is legal separation preferable for you over a divorce?
- What is it that you wish to accomplish with a legal separation?
- Will your spouse be agreeable to doing a legal separation instead of a divorce?
- Do you need to remain on your spouse’s benefits?
- What assets of your spouse’s will you lose if you choose to legally separate instead of continuing your marriage under the community property laws?
Separation vs. Divorce
Here are the most common reasons why people choose to seek a legal separation over a divorce:
1. To Stay on a Spouse’s Benefits
Many employer benefits, including health insurance, are only available to an employee’s spouse and not to an ex-spouse. This is particularly true with health insurance. So legal separation is often used as a method to separate the parties while allowing one spouse to remain on the other’s spouse’s benefits. If this is your situation, you should speak with your employer’s human resources director to see how legal separation would affect spousal benefits.
2. To Avoid Liability
Sometimes, a spouse begins to make reckless financial or personal decisions. Arizona is a community property state, so if your spouse gets sued, you are equally liable. But if you are legal separated, the community property laws, including those regarding liability, no longer apply.
3. To Separate Finances
Some people believe spouses should share finances; others believe spouses are better off keeping their finances separate. Legally separating removes spouses from the community property laws of the state. You should also be aware that post-nuptial and pre-nuptial agreements can accomplish the same, but those documents are subject to challenge at the time of divorce.
4. For Religious/Moral Reasons
Some people do not believe in divorce, and a legal separation is a way for them to split without ending their marriage.
5. For Emotional Reasons
A legal separation is a smaller step to take than a divorce. A divorce has finality to it. While that is also true of legal separation when it comes to dividing up finances, the marriage remains intact. And it can be easier emotionally to say, “we’re separating” than it is to say, “we’re divorcing.”
6. Process
A legal separation follows the same process of a divorce. There must be a Petition, Service, and a Response. If the two spouses come to an agreement, they can submit a Consent Decree to the Court for approval, just like a divorce.
Both parties must agree to a legal separation.
Post-legal separation. If you decide after being legally separated to divorce, you can file for divorce by filing a Petition. It will need to be served. The focus will be strictly ending the marriage; however, if there are modifiable provisions (commonly, child custody, child support, and spousal maintenance) in the Legal Separation Decree, modification of those terms can be brought as part of the divorce action.
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Legal Separation in Arizona FAQs
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