Legal separation ends the financial relationship between spouses who will most likely be separated but are still legally married. This can be especially beneficial for a spouse who wants/needs to stay in the other`s health insurance. Depending on how the agreements are structured, financial benefits may arise. Whether spouses have religious reasons to avoid divorce or believe there is a good way to reconcile, legal separation offers a useful alternative to divorce. For some spouses and their children, legal separation is an emotional stepping stone or trial separation that gives them more time to adjust to their changing family dynamics. There are many reasons why a person may choose to be legally separated. Some of the most common reasons are (1) receiving certain benefits from the other spouse, (2) avoiding responsibility for the other spouse`s actions or business relationships, (3) for emotional reasons because the parties are unwilling to divorce, (4) for religious reasons, or (5) separating financially. Religion is one of the main reasons why couples prefer legal separation to divorce. Some religious or cultural beliefs accept legal separation rather than divorce because they recognize that reconciliation is still possible. You may prefer separation because it provides financial and possibly physical separation while staying together socially, or at least legally.
Therapists and counselors can help those struggling with the religious aspects of marriage, separation, and divorce. Mediation spouses work together to reach mutually beneficial agreements that meet their needs, whether they choose legal separation, divorce or reconciliation. The legal separation of federal marriage is slightly different from that of a normal legal separation in Arizona. This is a more complicated legal procedure, but it leads to the same result that both spouses remain legally married in the event of legal separation. According to ARS § 25-904, a legal separation from federal marriage may take place if one of the following is determined by a judge: Yes. If, at any time after their legal separation in Arizona, a couple makes the decision to divorce legally, all they have to do is file a spitulated petition to convert the legal separation into a divorce, in court. Once this document is signed by both spouses and approved by the court, the divorce is final and the spouses are no longer legally married. All conditions and agreements concluded in connection with legal separation will continue to be binding on both parties, unless they are subsequently modified by law by a court decision. In Arizona, a couple can remain legally separated for as long as they want, until the time of the spouse`s death. If one of the spouses dies while the couple is legally separated, the marital relationship ends without the surviving spouse appearing in family court.
No, as a legally separated couple, you remain legally married, which prevents both spouses from remarrying. On the other hand, a divorced couple returns to celibacy and each person has the right to remarry at any time after the dissolution of his marriage. For some spouses going through a legal separation, the pain of the current situation makes it almost impossible to worry about remarriage. However, how the transition currently feels compared to six months or six years is likely to vary widely. Both spouses should discuss their options with their mediator in order to make an informed decision. Legal separation in the state of Arizona allows two spouses to completely divide their property, separate financially, determine custody calculations, create a child custody and visitation plan, live in separate places, but remain legally married. A divorce will not only allow a couple to achieve the same goals, but also legally end their marriage. Ending a marriage can have emotional, financial and religious consequences for a couple. In some cases, couples may feel that separation could lead to reconciliation at a later date, or they may not want to divorce for religious reasons.
In other cases, marriage allows one spouse to stay on the other`s health insurance. The differences between legal separation and dissolution include differences in tax matters and the spouses` ability to remarry. There are tax breaks for married couples that no longer apply if a couple is legally separated. In addition, the ability to continue to maintain a spouse`s benefits, such as health and life insurance, also varies. Legal separation is not a quick divorce. Nor is legal separation an annulment of marriage. In Arizona, annulment is only possible in cases where the marriage has been declared “null and void” because an impediment rendered the marriage invalid or invalid. For example, bigamy invalidates a second marriage because the first marriage was never legally dissolved. (Bigamy is also a crime.) Unlike a declaration of annulment, legal separation can only be obtained on the basis of a valid marriage. The fact that the spouses are unwilling, unable or hesitant to divorce and instead choose to separate legally does not diminish the validity of their marriage. The decision to divorce or legally separate in Arizona is a personal decision.
There are simply no right or wrong answers, just trying to make the best legal, financial and emotional decision for your personal situation. A visit to an experienced lawyer can help you understand all your legal options so you can make the best possible decision and ensure your legal rights are protected, whether you choose divorce or legal separation. Consider our free mini-course, which provides additional answers to frequently asked questions. Although the course focuses on divorce, it can help answer some of your questions about custody issues or other topics, and help you make decisions between divorce and legal separation in Arizona. If you have any further questions or concerns, we would appreciate the opportunity to discuss how we can help. Find out how one of our experienced family law attorneys at My Modern Law in Scottsdale, Mesa, Peoria or Phoenix, Arizona can provide you with answers to your questions and give you the information you need to decide if a legal separation in Arizona is right for you. Contact us today at (480) 470-7731 or online. Ultimately, the only real difference between a divorce and a legal separation in Arizona is that at the end of one legal process, a couple is legally divorced and in the other legal process, the couple remains legally married.
Some people think that just because they live apart doesn`t mean they`re legally separated. This is not a legal separation. They are still married and still accumulate marital property in the eyes of the law. Legal separation can only take place in court. Legal separation is almost identical to divorce in all respects except one: you are still married in the end. Otherwise, the process and the problems are the same: the joint property must be separated, what happens to the children must be decided, and the court must decide whether one of the parties is entitled to child or spousal support of the other party. The only difference is that you are still married at the end of the procedure. Legal separation and divorce can be just as difficult for children. Whether you choose legal separation or divorce, mediation will help protect your children from harmful conflicts and disputes. Children are emotionally affected when their parents legally separate or divorce. But research tells us that the negative emotional effects are due to the CONFLICT involved, not the process itself. Mediation helps protect children and ensure that they adapt as well as possible.
Some couples opt for legal separation because they do not meet the state`s residency requirements for divorce. Under article 25-312 of A. R.S., courts cannot issue divorce decrees unless at least one party has lived in the state for at least 90 days before filing for divorce. In contrast, the only residency requirement for legal separation in Arizona is that one of the spouses must live in the state at the time of filing. This allows spouses to determine their responsibilities and rights during the period before they can file an application for dissolution. Before making a decision on legal versus divorce, please consider the following possible disadvantages of legal separation: “Christa Banfield has helped me tremendously through a very difficult time. She was more than extraordinary. Their advice was very simple and made me feel safe and informed throughout the process. The process was actually so easy with her. I couldn`t have asked for anything better. She is patient, kind, caring and extremely knowledgeable.
She was very honest with me about what we could accomplish and she supported me in everything. She is a pragmatic lawyer, direct to facts and laws and will fight for what you legally deserve and are entitled to. You can trust them to do the right thing for you as a client and know that you have received the best legal support and advice possible. I can`t say enough wonderful things about lawyer Christa, she is exquisite! A separation agreement is a legally binding agreement reached either by the spouses or by the judge during separation proceedings in Arizona.