Legal Separation Agreement Provisions in Arizona
Separating couples are required to voluntarily enter into a Marital Separation Agreement in Arizona. The Separation Agreement outlines the rights and responsibilities of each party during the separation, including division of property, child custody and support, spousal support/alimony where applicable.
Creating your own Marital Separation Agreement allows you to set the terms for your separation, rather than the court deciding everything for you. The Separation Agreement created by the parties will be upheld by the court and entered, as long as the court finds it to be fair.
How Are Finances Treated in a Legal Separation?
In a legal separation, even though the couple is still “legally married,” they are not responsible for the debts of the other person, nor do they have a right to income made by the other person. Income earned after the separation is considered separate property, not marital property. Likewise, any debt incurred by either spouse after the separation is also considered separate responsibility.
Divorce and Legal Separation Residency Requirements
For a legal separation in a traditional marriage, one of the marriage partners must currently live in or be stationed in Arizona as a member of the armed services. Unlike a divorce, legal separation does not require that one of the spouses has lived in Arizona for a specified period of time, only that he/she currently lives in or is stationed in Arizona. For a divorce, one of the spouses must have lived in Arizona for 90 days.
Does Legal Separation Always End in Divorce?
Not all the time. Some couples find ways to solve their problems during this time-out, while others find they are happier apart. If spouses decide to get back together, they will apply to the court to change the status of their marriage, and they will get back to being married to each other.
Our website will help you create an Arizona Marital Separation Agreement. We offer free on-line samples and templates of legal forms, including Marital Separation Agreements that make the process of Legal Separation in Arizona that much faster.
If you live in Phoenix, Tucson, Mesa, Chandler, Scottsdale, Glendale, Gilbert, Tempe or any other city in Arizona, you can easily create your own Legal Separation Agreement above.