Divorce Vs Legal Separation Arizona
If you are considering a divorce or legal separation in Arizona and have additional questions about what best suits your needs, please feel free to contact Burggraff Tash Levy PLC for a confidential, unprinted consultation with one of our divorce lawyers in Scottsdale, Arizona. Deciding whether to divorce or separate can be difficult. While you or your spouse may be opposed to the idea of legally separating or divorcing, it`s important to understand that if one of you wants to divorce, they will move forward. Talking to an experienced family law lawyer at Schill Law Group can help you sort through your thoughts and determine which process might be best for your situation and your family. Consider this: If you consider legal separation as a way to determine the outcome of your relationship, try using informal separation instead. It gives you the same amount of space without the extra hassle of depositing for separation. Keep in mind that because of the cost and time involved in legal separation, couples can usually give up the hassle by doing an informal separation or, if they feel reconciliation is not an option, by going straight to file for divorce. Many problems will arise in both divorce and legal separation proceedings, so if you have any questions, it is best to consult a lawyer with expertise in family law to execute. In addition, legal separations involve litigation and legal proceedings, just like divorces. If you and your spouse can`t agree on child support, custody and asset division issues, you will be forced to resolve the issues in court. This can be just as stressful as a divorce process. Legal separation is a choice.
If the spouses are not sure about the divorce, they can obtain a divorce decree on legal separation. You may, for personal reasons, be reluctant to obtain a divorce decree of any kind. 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 a question of being free to remarry. Religious beliefs can prevent them from dissolving their marriage, so legal separation is the only alternative when things turn sour. Many married couples view legal separation as a step before divorce, a kind of mediation time that can help them decide whether divorce or reconciliation is the best decision for their relationship. A brief note on legal fees. Since the same proceedings in family courts take place in both divorce and legal separation, you expect the costs to be comparable as well. Take a look at our tips for saving money for divorce in Arizona and for hiring a lawyer. They also apply to saving money on your legal separation.
Unfortunately, this is often not the case. By applying an informal separation, couples can achieve many of the same goals – giving themselves more space and deciding if it is ultimately the best decision to be separated – without the cost and commitment of legal separation. However, there are some things you can do to save time and money if you are going through an unmarried separation or divorce. The first thing you can do to save time and money in case of legal separation or divorce is organization. When a marriage is in real trouble, many people assume that the only option is to file for an immediate divorce. (Sometimes, because they`ve been told that the “first file wins” are.) This is not the case. Many spouses separate and live apart, at least for a while, and think. At first, physical separation occurs because there are real problems in marriage, but it is not necessarily irretrievably broken.
Divorce is the complete termination of the marriage that leaves no connection between the spouses, except for things like children and debts contracted jointly. Legal separation, on the other hand, is a way for spouses to keep certain facets of their relationship intact without being legally bound. Depending on religious, financial, and various personal factors, divorce may not be the best option for a struggling couple in their marriage. These factors directly affect the type of separation that ultimately follows a couple. If you have any questions about legal separation or divorce, contact the Mesa family`s lawyer, Tim Durkin, who has been helping families and couples for years. Separation from the trial leads to reconciliation or not. In any case, experience usually solidifies the decision of the spouses as to whether to apply for dissolution of marriage or legal separation. The day their separation from the trial began is often the official date for the division of the marital succession in subsequent court proceedings. Legal separation divides all assets and debts and separates future income and finances, as would be the case with a divorce. The division of property is the same in the case of legal separation and divorce. If you and your spouse want to stay together, but need to protect yourself from each other`s financial liability due to future professional or personal debt, legal separation may be an ideal option.
However, the main difference between divorce and legal separation is that a person cannot remarry at the end of the legal separation. In general, a long separation does not cause a person to lose his or her rights. But this can diminish some legal arguments, such as the need for spousal support. Or that a parent should have the same parental time, but that he or she has not actively participated in the children`s lives throughout the period of physical separation. Have a plan. When a couple receives their separation or dissolution decree, they will no longer have a community property relationship with each other. There will be both financial and physical separation. However, a legally separated couple will still be married and will not be able to marry other people. Property such as immovable property, income or investments received or earned by a party is no longer subject to Community property law. Finally, if there are minor children who are habitual for the marriage of the parties, parental time, legal decision-making and family allowances must be determined. Some people choose legal separation because of their religious beliefs. Others might choose legal separation as a process to see if they really want to divorce or if reconciliation might be possible instead.
When a legal separation is completed in Arizona, the spouses are likely to have ended their relationship with community property, separate financially, and live apart. However, they are still legally married, while divorced spouses are no longer legally married. The issues that must be decided to make separation or divorce arrangements are the same: the division of assets and debts, spousal support, and parental time, formerly known as child custody. The only difference between the two at present is the legal status: in one case, the parties are legally married but separated, and in the other case, the marriage is completely dissolved. No, as a legally separated couple, you remain legally married, making it impossible for both spouses to remarry. On the other hand, a divorced couple returns to the status of single and any person has the right to remarry at any time after the dissolution of their marriage. For some spouses who are going through a legal separation, the pain of the current situation makes it almost impossible to worry about a remarriage.