Legal Separation Vs Divorce Az7 min read

When a married couple in Arizona decides that they can no longer live together, they have two options: legal separation or divorce. While both options end the marriage, there are some key differences between the two.

With a legal separation, the couple is still technically married. They will have to go through a legal process to divide up their assets and debts, and decide on custody and support arrangements for any children. If either party decides they want to end the separation, they can do so by filing for divorce.

With a divorce, the couple is no longer married. This means that they do not have to go through the legal process of dividing up their assets and debts, and they will not be able to file for joint custody or support. However, both parties are still entitled to child support if there are children involved.

Which option is right for you depends on your specific situation. If you are not sure which option is right for you, you should speak to a lawyer.

How long does a legal separation last in Arizona?

In Arizona, a legal separation is a court order that separates spouses who are legally married. The order governs the couple’s property, debts, and child custody and support while they are separated.

How long a legal separation lasts in Arizona depends on the couple’s circumstances. Typically, a legal separation will last until the couple either reconciles or one of them files for divorce. However, if the couple has children, a legal separation may last until the children reach adulthood.

How long do you have to be separated before divorce in AZ?

In the state of Arizona, you must be separated from your spouse for a minimum of 90 days before you can file for divorce. This separation period is intended to give couples a chance to reconcile, but if that is not possible, then divorce can be pursued.

There are a few things to keep in mind during the separation period. First, you and your spouse must live separate and apart from each other. This means that you cannot share the same residence, and you cannot engage in any sexual contact. If you violate either of these rules, then the separation period will not count towards the 90 days.

Second, you must both act in good faith during the separation. This means that you cannot use the time apart to harm your spouse or intentionally try to make the divorce process more difficult. If either of these things occurs, then the court may not grant the divorce.

Finally, the separation period does not have to be continuous. If you and your spouse take a break from separation for a period of time, as long as you resume the separation for at least 90 days before filing for divorce, the divorce will still be granted.

If you are considering filing for divorce in Arizona, it is important to speak with an attorney to learn more about the process and what to expect.

Does legal separation protect me financially in Arizona?

When couples in Arizona decide to separate, they may be wondering if there is any financial protection in place. In general, the answer is no – there is no legal separation in Arizona. However, there are some things that couples can do to help protect their finances.

One option is to create a separation agreement. This is a document that outlines the terms of the separation, including how assets and debts will be divided. It can be helpful to have a lawyer help create this agreement, as it can be complicated to negotiate.

Another option is to file for divorce. This will create a legal separation, and will also provide some financial protection. For example, spouses will be able to divide assets and debts more easily, and will have a legal agreement in place that outlines their rights and responsibilities.

In general, couples who are separated but not divorced are not considered to be in a legal relationship. This means that they are not able to file joint tax returns, for example, and they are not able to qualify for spousal benefits.

If you are considering separation or divorce, it is important to consult with a lawyer to learn about your options and what will be the best for you and your family.

Does Arizona recognize legal separation?

Arizona is one of the states that recognize legal separation. This means that if you are legally separated from your spouse, you are considered unmarried for the purposes of property division and alimony.

There are a few things to keep in mind if you are considering legal separation in Arizona. First, you must live separately for at least 180 days before you can file for separation. Second, you must have grounds for separation. This means that you must be able to prove that you are no longer compatible and that there is no chance of reconciliation.

If you are considering legal separation, it is important to speak to an attorney to learn more about your specific situation.

How much does a legal separation cost in AZ?

A legal separation in Arizona can cost anywhere from $500 to $5,000, depending on the complexity of the case and the amount of legal assistance needed.

If both spouses agree on all the terms of the separation, the process can be relatively simple and relatively inexpensive. If the spouses cannot agree on all the terms, or if one spouse wants to contest the separation, the cost and complexity of the case will increase.

In general, the costs of a legal separation will include court filing fees, attorney’s fees, and costs associated with obtaining and exchanging documents. If the spouses have children, there may also be costs associated with child custody and visitation arrangements.

What does it mean to be legally separated in AZ?

In Arizona, there are two types of legal separations: absolute and limited. An absolute separation means that the spouses are no longer allowed to have any contact with each other, while a limited separation means that the spouses are still allowed to communicate with each other, but are not allowed to live together.

To get a legal separation in Arizona, you must file a petition with the court. The court will then decide whether to grant the separation. If the court grants the separation, it will issue a decree of separation. This decree will outline the terms of the separation, including how the spouses are to divide their property and how they are to support each other financially.

If you want to get divorced after you’ve been legally separated, you must file a petition for divorce and wait until the divorce is final before you can remarry.

What is considered abandonment in a marriage in Arizona?

Abandonment is considered a ground for divorce in Arizona. It is defined as the “intentional and unjustified desertion of one spouse by the other for a continuous period of six months.”

There are a few things that need to be considered when determining if abandonment has occurred. First, the couple must be married and living in Arizona. Second, one spouse must have abandoned the other for a continuous period of six months. Third, the abandonment must be intentional and unjustified.

If all of these elements are met, then abandonment can be used as a ground for divorce. The spouse who was abandoned can file for divorce based on this ground, and the court will typically grant the divorce.

It’s important to note that abandonment is not the same as separation. Separation occurs when the couple is physically separated, and it is not necessarily grounds for divorce. However, abandonment can lead to a separation, which may then be grounds for divorce.

If you have any questions about abandonment and divorce in Arizona, you should contact an attorney.