Comparing Divorce to Legal Separation in Arizona
Many couples experiencing marital problems will either consider divorce or legal separation, which is legally recognized in Arizona. Before you decide which suits your situation best, you may want to interrogate each individually.
Similarities between Legal Separation and Divorce
In both divorce and legal separation, the marriage will be severed in one way or the other. The parties will be required by the law to file documents that will distribute rights and obligations for each party. In the case of legal separation, you will be required to file a marital separation agreement in Arizona. The agreements will address parental rights, spousal or child support, the division of marital assets and debts, and any other shared responsibility. In a divorce, each party is free to remarry unlike in legal separation where the partners are still tied to each other.
When Legal Separation is the Better Option
In some cases, a marital separation agreement is preferred to divorce, especially when spouses still think they can salvage a marriage. They may prefer to try out separation to determine whether they are happier apart or not. Other issues may include religious beliefs that do not recognize divorce, or concern for one of the party’s health, seeing as a divorce would remove a spouse from the other’s health insurance coverage. Ultimately, the decision is up to the couple.
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. If they agree to end the union, the attorney will prepare new documents, and they will proceed as such. Any property acquired by either party during the separation will be treated as individual property.
While the court order will be entered upon the decision of the couple, they could decide to draft their own agreements and present it to the judge who will find them binding. The court will take into consideration the fairness of the agreements presented to it and make its decision fairly. Most pressing matters are usually child custody, spousal support, and for this, the court makes its judgment based on the economic circumstances of each party. Even if the parties agree, the court will still need to enter a decree adopting the agreements presented to it.
Before making a decision on either dissolution or legal separation, consult an attorney for sound advice on the best option. Our website will help filing in an Arizona marital separation agreement. We have templates and free online samples to make the process that much faster.
Whether you live in Phoenix, Tucson, Mesa, Chandler, Scottsdale, Glendale, Gilbert, Tempe or any other city of Arizona, you can use our legal forms easily.>