Residency in Arizona does not require a period of time before legal separation can be requested. Therefore, legal separation is a viable alternative for couples who wish to end their marriage, but have not lived in Arizona long enough to divorce. In proceedings for dissolution of marriage or legal separation . The court transfers to the spouse the sole and separate property of each of the spouses. It also divides community, roommates, and other common property equitably, but not necessarily in kind, regardless of marital misconduct. For the purposes of this Section only, property acquired by one of the spouses outside that State shall be considered joint property if it would have been joint property if it had been acquired in that State. [Emphasis added.] If the court proceedings result in a final judgment of legal separation, the property acquired after the filing of the application is the separate property of the spouse who acquired it. In other words, there is no more accumulation of community assets once the decree is registered. Understand that spouses can buy real estate, for example, as roommates or roommates, just like other competent adults. But all property purchases under the petition are separate assets and debts, not a community. If you married before August 21, 1998 and did not sign documents to convert your marriage to a „covenant marriage,“ you do not have a „covenant marriage.“ See Arizona Revised Statute (A.R.S.) Article 25-904 for legal separation requirements for a „federal marriage“. If you still have questions about whether you have a „wedding marry,“ talk to a lawyer. If it turns out that the marriage ends, you have two options: divorce or legal separation.
Divorce is the last resort for married couples, leading many to opt for legal separation in Arizona as a first step if they fear the marriage won`t work out. Many of these people want to know how long a legal separation takes in Arizona. In the event of legal separation, all matrimonial property and debts are divided equally between the parties. In Arizona, assets and debts acquired during the couple`s marriage would belong to the community. Therefore, each spouse owns an undivided half share of the property and assumes the same responsibility for marital debts. The court divides the joint property equally between the parties, unless there are reasons for unequal division (for example, a separation agreement with different terms). The judge has a wide margin of appreciation in the final division and distribution of common property. Knowing this, spouses often prefer to negotiate and enter into a voluntary separation agreement. Why not divorce if the only difference in the outcome is the ability or inability to marry someone else? There are several reasons why legal separation is preferred to divorce. For some spouses, it is not about being free to remarry. Religious beliefs can prevent them from dissolving their marriage, so legal separation is the only alternative when things go wrong.
Similar to a divorce decree, a separation decree is enforceable as a final judgment. Either party may attempt to enforce court orders (for example, if a party is ordered to pay monthly assistance to the spouse for several years but has not done so). A legal separation judgment is one step away from divorce, but it is a big step. Legal separation is a choice. If the spouses are unsure about the divorce, they can obtain a divorce decree on legal separation. You can refrain from obtaining a divorce decree for any personal reasons. Yes, it`s a good idea for you to do so. A well-trained family law lawyer will advise you on issues that may arise in the future and help you negotiate the terms of your separation with your spouse.
This could make it more likely that your separation will be smoother for everyone involved. To learn more, speak to our legal separation lawyers at Cantor Law Group at 602.254.8880. Married couples may prefer legal separation to divorce for a number of reasons. When choosing between the two paths, it must first and foremost be taken into account that there are more similarities between the two than differences. If the other spouse accepts legal separation but objects to some of the proposed conditions, he or she may contest the application. The couple may then attempt to reach an agreement through negotiations or an alternative method of dispute resolution. It is possible for a couple to reach agreement on most questions while leaving only one or more questions unanswered. When this happens, it will always simplify the process as there is less left to deal with. Trial separation leads either to reconciliation or not.
Regardless of this, the experience usually reinforces the spouses` decision to request dissolution of marriage or legal separation. The day their separation began is often the official date of division of marital property in subsequent court proceedings. Legal separation and divorce both include final court orders requiring a division of all of the couple`s property and debts, legal decision-making, a decision on child-rearing time, and other details regarding child support and/or spousal support, as applicable. The conjugal union ends. Legal separation is also an option for couples who do not meet Arizona`s residency requirements for divorce. A common question from people who don`t meet Arizona`s minimum residency requirements for divorce is, „How long does it take to complete a legal separation?“ A brief note on legal fees. Since family court proceedings are largely conducted in the context of divorce and legal separation, expect the costs to be comparable as well. Take a look at our savings tips for divorce in Arizona and hiring a lawyer. They also apply to savings in the event of legal separation.
Legal aid from Cantor Law Group can help couples anticipate potential problems that might arise so they can be avoided. It is important to develop a personalized separation agreement that addresses all issues to avoid unforeseen problems during the separation period. People should make sure that all their agreements are included in their separation agreement document. If they omit agreements on ancillary matters, they will not be able to seek enforcement of those ancillary agreements in court. A more complicated but not complex legal separation from a federal marriage has additional legal requirements. According to article 25-904 of the ARS, the judge may issue an order on the legal separation of a federal marriage after making one of the following findings: The plaintiff or innocent spouse must invoke one or more grounds for legal separation from a federal marriage and prove his or her case by a preponderance of evidence. All but one of the above reasons require an allegation of marital misconduct or misconduct. If people feel that their marriage is likely to end, they can file for divorce or legal separation.
Many couples use legal separations to define their responsibilities and rights when deciding whether their marriage can work or end. A couple who have separated can serve as a probationary period before the couple divorces. However, if they decide to divorce, they must file a separate lawsuit. „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! Legal separation is one of the family law issues that people sometimes find confusing. In fact, it`s quite simple. The result of legal separation in Arizona is essentially the same as a divorce, but for one very important thing: the parties cannot marry other people because they are always married to each other! And as with a divorce, it can sometimes get complicated and that`s where a lawyer can help.