Legal Separation Attorneys Making a Difference for Clients in Phoenix
The first step in deciding how to move forward through unresolvable marital issues is to understand your options. Many people believe that their only legal recourse is to get a divorce, but this is simply not true. Legal separation is a better option for many couples and one that proficient attorneys can help a married couple attain. With separation, a couple still goes through the process of dividing property and debts, and decides who will have custody of the children under what visitation and child support arrangements. However, the couple will still be legally married. As you can imagine, these decisions are not easy for any couple to reach. Add in the complications of dividing things like tax benefits, parental rights, and community property, together with navigating the legal system, so everything is done properly, and your case may be too overwhelming to handle alone. But with a trusted legal representative on your side, you can rest assured that your case will be handled with care and will achieve the results you deserve. Call The Sampair Group today at 623-777-3909 to discuss your options.
What is the Difference Between Legal Separation and Divorce in Arizona?
The most commonly asked question about legal separation is, “What is the difference between legal separation and divorce?”
The proceedings for an Arizona legal separation are almost identical to a divorce. The court may enter orders regarding spousal maintenance, divide the property and debts of the spouses, and, if children are involved, enter orders regarding custody, parenting time, and child support.
The only significant difference between a divorce and a legal separation is that, after a separation is complete, the couple remains married. A couple may wish to be legally separated for, among other reasons:
- A religious objection to divorce
- A need to remain married to maintain insurance or other benefits
- A wish to work on marital reconciliation but keep their financial matters separate until that reconciliation is accomplished
Frequently during the pending legal separation case, one of the parties wishes to convert the case to a divorce. This is a very simple process, merely requiring the person asking for the divorce to tell the judge he or she wants a divorce. The case will then convert, even over the objection of the other party.
Once the parties separate legally, they no longer have the same rights and responsibilities. Each spouse is responsible for his or her own debts and assets. To make sure that you protect your assets and rights, an experienced lawyer can help you with an Arizona separation agreement.
Occasionally, once the Decree of Legal Separation is signed by the judge, one of the parties wishes to get divorced. That party must file an entirely new Petition for Dissolution of Marriage (divorce action). However, the orders regarding the division of debt and property in the Decree of Legal Separation remain in effect and cannot be modified in the divorce proceeding. However, in the divorce proceeding, the parties can revisit the issues of spousal maintenance, custody, parenting time, and child support. The nuances of legal separation and divorce are not easy to navigate without experienced family law attorneys on your side who have the know-how and experience to get you the results you need. The Sampair Group is ready to discuss the details of your case and figure out the best way to move forward with your legal separation.
How Long Does Legal Separation Take in Arizona?
Depending on the details of your case, your marriage can be approved for legal separation relatively quickly. A skilled attorney will certainly improve your chances of a quick legal separation, but because some cases are naturally more complicated, there is really no guarantee of how long your case will take. After submitting the petition for legal separation, you must wait a minimum of 30 days for your spouse to respond. After this occurs, the average time varies for the entire process to be completed, but it could be as little as two to three months. However, if there are very many disputes as to matters such as property division or parental rights, the case could take much longer for court approval. It’s possible that many different unforeseen interruptions could occur during any legal matter, and the process can all seem overwhelming when handling it on your own. Help improve the speed and ease of your division from your spouse by hiring a reliable separation attorney. We’ll give you the peace of mind that your rights are being protected and help you ensure the best possible outcome. Don’t wait any longer and leave your legal separation up to chance. Call our talented family law attorneys for a free consultation today.
Is Legal Separation Permanent?
While many people see legal separation as merely a step on the way to divorce, this is not necessarily the case. A couple can stay legally separated for as long as they would like, even permanently. However, since the couple is still legally married, they will not be able to remarry without first obtaining a divorce. Since the legal separation order requires court intervention, such as separation agreements and division of marital assets, some people prefer to go the route of a trial separation to see how life is while separated and then reevaluate their marital relations. In this case, a verbal agreement is all that is necessary.
If the couple decides to end the marriage for any reason, including if one spouse wants to remarry, they can still obtain a divorce. Obtaining legal counsel is one of the best decisions an individual or couple can make when trying to make these emotional and trying decisions, so reach out to us today for lawyers who will help with your legal separation and divorce.
Should I Hire Family Law Attorneys When Filing for Legal Separation in Arizona?
Coming to an agreement with a spouse with whom you wish to separate can be difficult at best, especially if you and your spouse are trying to negotiate a separation agreement. You’ll have to consider your long-term plans as well, such as whether you might ever wish to remarry. Don’t leave these major decisions up to chance by trying to handle such delicate legal matters alone. Contact The Sampair Group for a separation attorney who can tell you more about separation in Arizona. We handle family law problems that clients face throughout Arizona and are available for evening and weekend appointments. For the convenience of our clients, our divorce law firm also provides services in Spanish. Call us today at 623-777-3909 for a free initial consultation.