Legal Separation

It does not matter who files first or starts the divorce. One spouse must be the Petitioner and the other spouse must be the Respondent. There is no advantage or disadvantage to either (other than perhaps assignment of the courthouse nearest to the Petitioner).

You are permitted to represent yourself in a divorce, but you are held to the same standard as an attorney. In other words, there is no excuse for not knowing the law or the rules. For that reason, if you do represent yourself, it may still be worthwhile to meet with an attorney and receive advice.

You may “need” an attorney if the other side has one. The rules and laws are complex, and people who represent themselves against an attorney are at a severe disadvantage. In contrast, if both parties are unrepresented, it is an even playing field; and, in that situation, hiring an attorney could give you an advantage.

You must go through the Court to get divorced. But, when parties are in agreement, the paperwork can be drafted by an attorney who will file it once it is signed by the parties. In that case, the Court will still open and close a case, but neither party will have to set foot in the Courthouse.

But if you cannot come to an agreement regarding your divorce, a judge will have to make those decisions for you.

Yes, you can stop a divorce at any time during the process if your spouse has not been served or has not filed a Response, and you were the filing party. But if the divorce has “officially” started, meaning, your spouse has been served or filed a Response, the two of you would have to agree to stop the divorce. If you and your spouse decide to stay married, the divorce case can be canceled or “dismissed” by filing a request with the Clerk of Superior Court and signed by both parties.

You can get an annulment if you entered into a marriage that is either an illegal marriage or became voidable due to some defect in the marriage that occurred at the time of marriage. If you have only been married a short time and you realized you made a mistake, it may not be enough to get an annulment. The best way to figure out if you qualify is to meet with a divorce attorney.

Yes, the two of you can create and sign a Separation Agreement. Although a Separation Agreement does not have the same legal effect as a Decree of Separation or a Divorce Decree, it can divide up property and decide how property will be allotted.

That is your money. Any property or debt acquired after legal separation belongs to the spouse who acquired it.

No.

No. For legal separation, one of the spouses just needs to be domiciled in Arizona. Domiciled means you live here, and you intend to remain living here.

But to divide up property, Arizona will need to have personal jurisdiction over the other spouse (Arizona has it if the other spouse lives here or has a significant connection to the state; if you are unsure about if Arizona has personal jurisdiction, consult with an attorney). If children are involved, the home state must make those decisions. The home state is either the state that issued the current custody order or the state where the child most recently lived for six consecutive months.

The same as those in divorce. The Court must divide up all the community property and debts the two of you have. That includes houses, businesses, bank accounts, retirements accounts, pensions, vehicles, stocks, credit card debts, other debts, etc. Spousal maintenance can also be awarded as part of the legal separation.

If you have children, the court must decide the custodial issues of legal decision-making and parenting as well as the issue of child support.

Yes, you may. You will need to file a Motion to Convert to Dissolution with the Court.

Yes. You will need to file for divorce.