When some couples believe their marriage has reached its end, a last ditch effort to salvage the relationship may be made. In some cases, the parties prefer to begin the dissolution process by legally separating before taking the plunge and getting divorced. A separation can give the parties perspective, and often times will help a couple come to a decision about their marriage that is acceptable.
Some things to know about legal separations include:
- If both parties are not agreeable to the separation, the Court may designate the case as a divorce.
- If you have not yet met the residency requirements for a divorce in Arizona, you may opt for a separation until the requirements are met.
- The grounds for a separation are the same as those for obtaining a divorce.
When seeking a separation, many of the same issues as in divorce must be considered. This means you have to seek court determination as to where your kids will live, when visitation will take place, and how assets are divided. Keep in mind that at any time during the separation, one or both of the parties may change their mind about their circumstances. If a change of heart takes place, the parties can reconcile and work on their marriage. However, if it is clear the legitimate aims of marriage can no longer be met; the request for a legal separation can be changed to a request for dissolution. Taking the step to separate before divorcing is helpful for many couples, because it gives the parties a taste of what it is like to no longer be together. For others, separation simply prolongs the process. We will work with you to develop a plan that works for you.
For answers to your questions about separation, consult a qualified legal professional. Let us put our experience to work for you. Call The Sampair Group in Phoenix and the West Valley today.