Providing Complete Legal Services To Clients Considering A Legal Separation
An Arizona legal separation is very much like a divorce. Marital property is divided, any necessary child and spousal support orders are established, and child custody arrangements are put in place. The only difference is that, in a legal separation, the couple is not legally divorced. With all the issues that need to be addressed, it is important that you have a reliable family law attorney beside you at all times.
At the offices of Benavidez Law Group, P.C., we provide outstanding representation in all aspects of legal separation. We take a strategic approach to your legal separation. We address each part individually in order to secure the best overall separation agreement for you and your family.
Seeking The Solution That Best Fits Your Needs
There can be many different reasons that couples might choose to seek a legal separation rather than a divorce. Religious beliefs can keep many couples from choosing divorce, while others may need to remain married in order to have uninterrupted access to the other spouse’s health care benefits. In many instances, the spouses simply need time to see if they can work through their marital challenges.
We work closely with all of our clients to gain a complete understanding of the issues they are facing and work to ensure that a legal separation is the best path to helping them reach their goals. We explain the entire process so you know what to expect as your case moves forward. If at any time you choose to convert your legal separation to a divorce, we are ready to provide the representation you need.
How Is Legal Separation Different From An Arizona Divorce?
Although spouses address many of the same issues in a legal separation as in a divorce, legal separation is a substantially different process. When couples legally separate, they technically remain married. Neither spouse can remarry while legally separated.
Spouses can continue sharing access to health insurance or other benefits they might lose through divorce. Additionally, legal separation protects the opportunity to reconcile, whereas divorce is a final process that terminates the marital relationship. In both legal separation and divorce, spouses must reach agreements regarding asset distribution, responsibility for debts, and any child custody or support issues they face.
The Requirements For Legal Separation In Arizona
The first requirement for an Arizona legal separation is for one spouse to establish residency. They must live in the state and intend to make it their home or undergo a transfer during military service to an Arizona base. Arizona does not impose a specific timeline to establish residency.
The second key requirement for a legal separation is the consent of both spouses. While divorce can occur when only one spouse wants to end the marriage, both spouses must agree that a legal separation is appropriate and necessary, given their circumstances, due to an irretrievable breakdown of the relationship. They must address the division of community property, as well as their parental rights and responsibilities.
Steps Spouses Must Take To Legally Separate
In a legal separation, the filing spouse works with their attorney to submit a petition to the local courts. They must serve their spouse with this paperwork and then wait at least 60 days before the courts can finalize the separation.
During that waiting period, the spouses can discuss matters related to economic separation and other practical matters they must address. In some cases, spouses may need to work with the Conciliation Courts to undergo counseling for at least 60 days before the finalization of the legal separation.
What Financial Impact Does Legal Separation Have?
Spouses who legally separate have a court order validating the division of their property and financial obligations. Income earned or debts taken after a legal separation are not part of the marital estate if the spouses eventually decide to divorce.
Legal separation can protect one spouse from responsibility for the other’s debts, such as medical bills or gambling debts, that they might otherwise share if they remained married or divorced without separating. Spouses still have the option of sharing key benefits and of filing joint income tax returns in some cases.
Talk To Our Lawyers To Discuss Your Legal Separation Questions
Navigating the complexities of legal separation in Arizona requires a thoughtful strategy that balances your immediate needs with your long-term goals. At Benavidez Law Group, P.C., our experienced family law attorneys are dedicated to protecting your interests regarding property division, support, and parental rights. Whether you are seeking to preserve benefits or simply need time to evaluate your future, we provide the clear guidance necessary to move forward with confidence. You can reach us by phone at 520-314-8954 or contact us via email to arrange an appointment.