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. As a result, each spouse owns an undivided half share of the property and shares 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. With this knowledge, spouses often prefer to negotiate and enter into a voluntary separation agreement. 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 children are involved, the applicant must submit the application for legal separation from the children, as well as other forms. He must also submit the following documents: 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.] In the event of legal separation, the marriage remains intact, but any other matter is decided as if they had divorced. This type of separation is officially recognized when the judge decides on the division of property, spousal support, custody and maintenance of the child. Although legal separation is less common than divorce, filing an application for legal separation involves essentially the same steps as divorce. Download our free eBook, Getting Started: 7 Must-Have Elements for Divorce Planning. Learn what you need to do first to file for a legal separation or divorce. If one of the spouses does not consent to legal separation, the other spouse cannot obtain one. However, the other spouse is free to file an application for dissolution instead. If the couple has children, they must apply for legal separation from minor children.
If they do not, they ask for legal separation without minor children. The only reason for legal separation is that the marriage is irretrievably broken or that one or both spouses want to live apart. The petition must contain all the information listed in A.R.S. § 25-314. In Arizona, both spouses must agree to separation before an executive order is issued. Couples must file a “petition for legal separation without children” or a “petition for legal separation with children” in the Arizona Superior Court in the county where they reside. Maintaining health insurance for a spouse whose employer does not provide this benefit may be another reason. For example, this may be an option if the receiving spouse is a stay-at-home parent and the primary caregiver for the children. Through marriage, the working parent can continue to take out insurance by paying premiums for the other spouse, even if they are legally separated. (Check and make sure health insurance covers both spouses after legal separation.) The applicant completes the application for legal separation (with or without children) and submits it to the court.
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. 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. Because of the process involved, a legal separation can take as long as a divorce. It is therefore important that persons request interim measures when applying for legal separation, so that their rights and obligations can be determined during the investigation of their case. 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 render a judgment on the legal separation of a federal marriage after making one of the following conclusions: 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 result in the loss of rights.
But it can reduce some legal arguments, such as the need for spousal support. Or that a parent should have the same parental leave, even if they have not actively participated in the children`s lives throughout the period of physical separation. Have a plan. Talk to an experienced divorce attorney at Stewart Law Group about legal separation and related procedures. Ask. Find out whether, given your particular situation, it would be better to keep the marriage intact or, alternatively, dissolve it. Yes, it`s a good idea for you to do so. A well-trained family law lawyer will advise you on problems 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. The court shall issue a decision on legal separation if it finds: 1.
that one of the parties was domiciled in that State at the time the action was brought or was stationed in that State while a member of the armed forces. 2. The conciliation provisions of sections 25 to 381.09 and those of section 5 of this chapter do not apply or have been fulfilled. 3. The marriage is irretrievably broken down or one or both parties wish to live separately and separately or, in the case of a federal marriage, one of the grounds prescribed in sections 25-904. 4. The opposing party may not oppose an order for legal separation. If the other party objects to a legal separation, the court orders that the procedural acts be amended in order to request the dissolution of the marriage. 5. To the extent of its jurisdiction, the court has considered, approved or taken custody, maintenance of a natural or adopted child common to the dependent spouses, maintenance of one of the spouses and disposition of property. 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.