ARIZONA LEGAL SEPARATION and divorce attorney
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What is Legal Separation?
A legal separation allows a married couple to divide their affairs while remaining legally married. There is no minimum or maximum amount of time that the couple must remain separated. Because the couple’s marriage is not technically terminated in a legal separation, they can continue to reap some of the benefits of marriage, like shared insurance coverage.
What is Divorce?
When a couple divorces, their marriage is legally terminated. Nearly half of marriages end in divorce, so almost everyone knows at least a little bit about them. A divorce is stereotypically a drawn out legal battle over assets and time with the children, but can be resolved through mediation or be amicable and uncontested. Arizona is a no-fault divorce state, so a spouse may file for divorce for any reason. The most commonly cited reason for divorce is the catchall “irreconcilable differences.”
What are the Main Differences between Legal Separation and Divorce?
The obvious difference between legal separation and divorce is that a couple remains legally married after a separation. This also means that you can remarry after a divorce, but not after a legal separation. If a couple divorces, they will have to officially remarry if they change their minds, while a separation is only temporary.
How are Legal Separation and Divorce Similar?
In both separation and divorce, the couple must divide assets and debts and address custody issues. Because of this, separation and divorce take similar amounts of time to complete. You also will probably want to hire an attorney to represent you during both a separation and a divorce to ensure that you receive your fair share of assets and parenting time. You will live separately from your spouse after either procedure. Child and spousal support may be ordered during a separation and divorce as well. Arizona is a community property state, meaning that both spouses have a right and obligation to all assets and debts acquired during the marriage. The community property relationship between the spouses terminates after both divorce and separation.
ARIZONA LEGAL SEPARATION FAQs
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There is no residency requirement to file a legal separation in Arizona, while you must have been an Arizona resident for at least 90 days to file a divorce here. You can’t remarry after a separation, but you can remarry after a divorce. You are still legally married after a legal separation.
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Because custody proceedings and a division of assets and debts will occur in a legal separation, it is always best to be represented by an attorney. This is especially true if your spouse is represented by an attorney, because you will be already be at a disadvantage if you proceed self-represented.
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Custody will be handled the same way in a separation as it is in a divorce- all decisions will be made in the best interests of the child.
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Because you are still technically married, you can file your taxes as either “married filing jointly” or “married filing separately.” You should consult a tax professional when deciding between the two.
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Health insurance benefits will continue during and after a separation, unless the separation ends in divorce. A couple could remain legally separated for the rest of their lives and remain on each other’s insurance policies.
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Because Arizona is a no-fault divorce state, it is a no-fault separation state as well. When a state allows for no-fault divorce, it isn’t required for a spouse to prove things like infidelity or abuse to be granted a divorce. The spouse can simply list “irreconcilable differences” on their divorce petition.
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In Arizona, there is no time limit on how long a legal separation can last.
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The main reason couples opt for legal separation as opposed to divorce is financial issues. A spouse can maintain insurance coverage during a legal separation, but not a divorce. The couple will also still be entitled to tax benefits and social security benefits.
The majority of couples who file for legal separation eventually get divorced. However, approximately 15% of couples end up staying together in the long run. These couples can simply end the separation instead of dealing with the often-length process of divorce and remarriage.
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Depending on the state, one partner may be held liable for debts incurred by the other spouse during a legal separation. If you end up getting a raise or significant increase in income during a separation, you will have to pay more child support or alimony if the separation ends in divorce.
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Anyone in Arizona that is married can file for a legal separation, even if it is their first day living in the state.
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How Do I Know Which is Best for Me, Divorce or Legal Separation?
Whether you want a legal separation or a divorce, you deserve quality legal representation at a competitive price. Call today to schedule your free consultation to learn your best course of action and receive a quote for affordable attorney representation.
Benefits of Filing a Legal Separation
Legal separation is preferable to divorce when you aren’t 100% sure that you are ready to end your marriage. Approximately 13% of couples who legally separate end up reconciling.Those couples don’t have to go through the process of remarrying because they chose legal separation over divorce.
Some married couples no longer work as a couple but don’t want to divorce for religious, cultural, or other personal reasons. When spouses separate instead of divorce, they may continue to provide insurance coverage for each other and receive social security benefits. Separated spouses may also choose to file taxes jointly or separately, depending on which is more beneficial for their situation.
What are the Benefits of Filing Divorce?
One of the benefits of proceeding with divorce without first using a legal separation is that you will save money on legal fees. Using legal separation before a divorce means paying additional attorney’s fees, filing fees, and any other expenses associated with a separation.
Examples of Times when Divorce is Better than Legal Separation
• One spouse has a serious medical condition and health insurance is inaccessible for that spouse on their own. The couple wants to break up but the spouse who pays for insurance doesn’t want their spouse’s health to suffer as a result of a divorce. The couple should consider legal separation to maintain health insurance coverage.
• The couple has been living separately for years without ever filing anything to end their marriage with the courts. One or both spouses have met a new partner and would like to remarry. The couple should divorce, as remarriage isn’t allowed with a legal separation.
• One spouse struggles with an addiction that can incur debt, like gambling or shopping.
• The other spouse may still love them, but not want to be liable for any additional debts their spouse may incur while they seek treatment for their problem. The couple should consider legal separation so that the community property obligation will end, and the couple can resume their marriage once the addicted spouse has conquered their problem.
