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. Legal separation divides all assets and liabilities and separates future income and finances, as would be the case in the event of 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. The main difference between the two types of family law cases in Arizona is that divorce completely dissolves the legal status of marriage and returns each spouse to single status. Legal separation does not dissolve the legal status of the marriage of the parties and therefore does not entail the transfer of each party to the status of a single person. Therefore, a person who is legally separated cannot marry. Contact a lawyer at Stewart Law Group to find out if legal separation or divorce from a federal marriage is the best alternative in your specific situation.
Everyone`s situation is unique. According to a.R.S. § 25-329, the waiting period for legal separation or divorce is 60 days after the plaintiff has served the application on the defendant. This is the time it can take if both parties agree to everything, take their required parenting classes, and submit all their documents earlier. At this point, you may be wondering why a person should opt for legal separation over divorce. Perhaps the parties are not willing to end the relationship, but would simply prefer to be legally separated. Insurance benefits could play a role in the decision. If both parties are still legally married and therefore an insurance provider can still transport the other party on the applicable plan. Social security benefits could be another issue. Sometimes people choose not to divorce because of their religious beliefs. If you`re both willing to do so, a legal separation while you`re trying to sort things out can help solve some problems during the time you live separately.
In the case of a non-culpable separation without fault on his part (as in the case of a divorce without fault on his part), the court takes the judgment when the marriage is irretrievably broken. If you wish to legally separate, start the process by filing an “application for legal separation” with the court. If you want to divorce later, or decide from the outset that divorce is more appropriate than legal separation, file an “application for dissolution of marriage”. Aside from the title of the document, the procedure in Arizona to file a legal separation is identical to the divorce petition. In the case of a divorce in Arizona, spouses usually have separate insurance after the divorce is final. COBRA may be an option for a period after divorce due to current health insurance, but this is usually quite expensive and has a limited period of coverage. If you and your spouse opt for legal separation, you can later convert it into divorce at any time. Couples opt for legal separation for several reasons. Although legal separation ends the financial relationship between the spouses and they live separately, they will still be married. Some spouses choose to do so for health insurance reasons. For example, spouses can agree to legal separation if one of the spouses is covered by the other`s health insurance and cannot obtain a separate policy. If you and your spouse are in a situation of separation or divorce, call the team at Hildebrand Law, PC for help.
The judge may deviate from the presumed 50/50 division of community property and debts if the couple has entered into a separation agreement that provides for an unequal division of their matrimonial property. Any legal separation involves negotiations and settlements. The spouses are free to call each of their property “common property” or “separate property”. However, whenever a separation agreement is silent on an issue, the judge must make a decision that is binding on both parties. Spousal and spousal support are prevalent in separation and divorce, as separation may mean that one of the spouses is unable to support their way of life immediately after filing and enforcement. Mediation can be done before a final decision has been made on legal separation or divorce. During mediation, you can change your mind at any time before a decree is final. Thus, if mediation begins with a legal separation, it can be converted into divorce before the final documents are presented to the court.
Similarly, mediation can begin with a divorce and at any time move on to legal separation before a judgment is final. There is no difference in mediation with regard to legal separation and divorce. Legal separation or divorce is a very personal decision. There is no right or wrong; only what you believe is best suited to your situation. In both cases, it is recommended to seek legal advice from a family law lawyer. Spouses can complete their entire legal separation or divorce 100% online by videoconference. The Aurit Centre has long been a leader in online mediation, where spouses reach agreements on all divorce matters in the place of their choice. Whether your meetings are online or in person, we draft all your legal documents, you sign them and then submit them to the court on your behalf. When you finish your process with mediation, you never have to set foot in a courtroom. .