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While nobody enters a marriage prepared for it to end later, not all marriages work despite the couple’s best efforts and good intentions. That means facing the reality of dissolving a marriage can be especially daunting for some couples. Divorce may not be the best option, even if you are certain you want your relationship to end.
If you and your spouse do not wish to divorce but no longer want to remain in a relationship, a legal separation may be a viable solution. However, if you choose to pursue a legal separation in Arizona, it is essential to have the proper guidance and resources necessary to do so with minimal impact on your daily life.
Fortunately, the accomplished team at The Valley Law Group can help. With decades of experience in Arizona Family Court, we can provide the information, resources, and support you need to finalize your legal separation efficiently.
A legal separation is the best option if you want your relationship to end but wish to remain legally married. A couple can certainly choose to undergo an informal, trial, or physical separation, in which they simply choose to live apart and create their own informal separation agreement that dictates the division of financial, child-related, and other obligations. In this case, the couple may easily return to the marriage, continue to live separately under the informal agreement without ever pursuing legal action, or proceed with legal separation or divorce.
A legal separation is the best option if you want your relationship to end but wish to remain legally married. A couple can certainly choose to undergo an informal, trial, or physical separation, in which they simply choose to live apart and create their own informal separation agreement that dictates the division of financial, child-related, and other obligations. In this case, the couple may easily return to the marriage, continue to live separately under the informal agreement without ever pursuing legal action, or proceed with legal separation or divorce.
By contrast, a legal separation requires a petition to the court and a Decree of Legal Separation. When a couple files for a legal separation, they must undergo the property division process and create a formal parenting agreement for approval by Arizona Family Court. This effectively severs any financial relationship and establishes a new set of parenting time, legal decision-making, and child support guidelines. However, a legal separation allows a couple to pursue the separation of their lives while still maintaining their status as legally married.
Legal separation proceedings are similar to those involving divorce, and the end result is much the same. A petition must be filed by one spouse, and a response is required from the other. Arizona Family Court will then hold hearings to determine whether temporary child support or parenting time orders are required.
The spouses will work together, enter a negotiation, or attend mediation to create a separation agreement that dictates the equitable division of property and child-rearing responsibilities. When a legal separation is finalized, the couple will have divided any shared assets, will no longer have any financial connections, and will have created a parenting agreement. These things are all true of a finalized divorce.
The primary difference between a divorce and legal separation in Arizona is whether the couple remains legally married. A divorce officially dissolves the marriage, and the couple is free to marry again. A legal separation does not dissolve the marriage, and the couple may not marry others.
The decision of whether to pursue a legal separation or a divorce is a personal one. Both processes require complex legal proceedings that should not be taken lightly but considered carefully with as much information and preparation as possible. You should take into account your financial circumstances, any children impacted by the decision, and your needs moving forward.
A few of the most common reasons that couples choose a legal separation over divorce are the following:
Determining whether divorce or legal separation is the best choice for you will take a great deal of time and consideration. If one of the above circumstances applies to you, a legal separation may be preferable over a divorce or informal separation. The insight and guidance of an Arizona legal separation attorney can help you determine whether informal separation, legal separation, or divorce is right for you.
The process of filing for and finalizing a legal separation in Arizona is nearly identical to the divorce process. You must petition the court, divide shared assets and debts, reach an agreement regarding the care of any children, and finalize other major decisions to be included in a separation decree approved and issued by the court.
When you file for a legal separation in Arizona, you will be required to:
This begins the full legal separation process. One spouse will file the necessary documents to petition the court for an order of legal separation. The petitioning spouse must provide grounds for the separation, which need not be more complex than irreconcilable differences and that the marriage is irretrievably broken. The petition must be served to the other spouse.
Once the initial petition has been filed with the court, the other spouse will be notified by a process server, sheriff, or another third party. They must respond within 20 days. If there is no response, proceedings will take more time, depending on whether the filing party wishes to proceed with a divorce or separation.
As with a divorce, there are many major decisions that must be made during a legal separation. These decisions will include determining how any children will be cared for, how assets and debts will be divided, and more. This process is sometimes referred to as the Default process.
This step is not required for every legal separation. If the spouses are able to reach an agreement on all significant decisions, litigation will not be necessary. However, if there are any disagreements or conflicts they cannot resolve outside of court, they must establish a date for a separation trial. This will involve both parties presenting their case to a judge, who will then make a final decision.
This is the final step that will make the legal separation official. If the terms of the separation were settled outside of court, this step would consist simply of the judge granting the order of legal separation. If litigation is necessary, this step will be the conclusion to that process, and the judge will rule on all decisions.
Dealing with the legal system can be difficult, particularly if you do not have extensive experience with the Arizona Family Court system. Legal separations, like divorces, require a significant amount of paperwork and documentation, which must be filed at specific intervals during the legal separation process. An experienced Arizona legal separation attorney can assist you through every step of the process. A legal separation attorney can offer three primary benefits.
Accomplished legal separation attorneys have dedicated years of their lives to understanding the laws that dictate the legal separation process. They work to ensure that they are familiar with any changes or updates to the statutes so they can serve their clients well. This knowledge enables them to provide you with the insight and advice you need to finalize your legal separation equitably and efficiently.
An experienced Arizona legal separation attorney has guided numerous clients through the legal separation process. They have witnessed all manner of successful approaches, so they know the most effective methods. An attorney’s experience with the legal system makes them the ideal candidates to help you create a plan for how to approach your legal separation.
The legal separation process takes a great deal of time and attention. You are required to make several major decisions about your children and finances, as well as navigate a potentially difficult relationship with your spouse. An accomplished legal separation attorney can provide you with resources, support, and guidance to give you peace of mind and help make the entire process easier.
When you decide to end a marriage relationship through legal separation, it is important that you have all of the support and resources you may need. An accomplished legal separation attorney from The Valley Law Group is your best source of these components. Our attorneys will help you navigate the process and develop a strategy to ensure that you receive the best possible outcome in your separation case.
While legal separation, informal separation, annulment, and divorce are all potential ways to leave a marriage relationship in Arizona, people often confuse them. Here are some important things to know about legal separation.
Most of the cost associated with a legal separation in Arizona will come in the form of legal fees. You will be responsible for paying any fees associated with filing the necessary paperwork, which can add up to a few hundred dollars. Other costs may be incurred if you are working with an Arizona legal separation attorney. They may charge a flat fee or an hourly rate, which will vary depending on the lawyer, the complexity of your case, and the amount of time you spend making the most important decisions regarding your property and children.
You are required to go to court for a legal separation in Arizona. However, if you and your spouse can create an agreement that must be simply approved by the court, you may need minimal hearings. The initial petition for legal separation must be filed with the courts, and your separation agreement must be acknowledged and accepted by the judge to create your separation decree.
Some couples who choose to end their marriage have not lived in Arizona long enough to be able to file for divorce. In these cases, legal separation is another option. There is no residency length requirement to file for legal separation in Arizona so long as one spouse is currently living in the state. The process of finalizing a legal separation can take as little as a few months, but the process may be longer if there are significant complexities involved or if you and your spouse cannot agree regarding property division or child-rearing responsibilities.
The process of finalizing a legal separation can be overwhelming, especially during this difficult time in your marriage. As a result, it is essential to secure support, guidance, and skilled legal representation when filing for a legal separation.
An Arizona legal separation attorney can help you navigate the process more efficiently. The team at The Valley Law Group is one of Arizona’s leading family law firms with decades of combined experience.
Our team delivers world-class legal services to Arizonans in need through scrupulous attention to detail, time-tested best practices, and unfailing devotion to client service. Our award-winning attorneys understand that service begins and ends with them, and we are fortunate to enjoy positive, lasting relationships with our clients, both large and small. Contact us today and learn what a difference it makes to have the right people in your corner.
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