The main difference between divorce and legal separation in the state of Arizona is that at the end of the legal process, the spouses are legally divorced after a divorce and are not legally divorced after a legal separation. Divorce is legally a completely definitive division of two spouses. This means that if a couple is legally separated, they are not free to marry another person or file tax returns separately. However, a couple who are legally separated can still stay in each other`s health insurance policies. Both legal separation and divorce include final court orders that require a division of all of the couple`s assets and debts, legal decision-making, a decision on parenting time, and other details regarding family allowances and/or spousal support, as the case may be. The conjugal union is over. However, the agreement will be examined in accordance with the conditions of legal separation, the economic situation of the spouses and other relevant evidence. Sometimes the agreement may seem unfair to the court, with the exception of the provisions regarding custody, parenting time and child support. Married couples may prefer legal separation to divorce for a number of reasons. When choosing between the two routes, it should be borne in mind above all that there are more similarities between the two than differences. Legal separation is one of the family law issues that people sometimes find confusing. In fact, it`s really quite simple. The result of legal separation in Arizona is essentially the same as divorce, but for one very important thing – the parties cannot marry other people because they are still married to each other! And as with a divorce, it can sometimes get complicated and that`s where a lawyer can help.
If your spouse has already submitted a response to your legal separation documents, you can only stop it if both spouses agree to dismiss the case. However, the main difference between divorce and legal separation is that a person cannot remarry at the end of the legal separation. In general, a long separation does not cause a person to lose his or her rights. But this can diminish some legal arguments, such as the need for spousal support. Or that a parent should have the same parental time, but that he or she has not actively participated in the children`s lives throughout the period of physical separation. Have a plan. Because of the process involved, legal separation can take as long as divorce. It is therefore important that individuals file an application for an injunction when they file an application for legal separation so that their rights and obligations can be determined while their case is pending. Legal separation is a smaller stage than divorce. A divorce has a purpose. While this also applies to legal separation when it comes to dividing finances, the marriage remains intact. And it can be emotionally easier to say, “We`re separating,” than it can be, “We`re getting divorced.” While legal separation may be a better option for a spouse in Arizona, the Arizona court can only proceed with legal separation if both parties consent.
Legal separation is also an option for couples who do not meet Arizona`s residency requirements for divorce. A common question for people who don`t meet Arizona`s minimum residency requirements for divorce is, “How long does it take for an unmarried separation to be completed?” Legal separation has the same requirements as divorce, including custody issues, asset allocation, family allowances, and other financial matters. A family law lawyer can help you with these matters by ensuring that all eventualities are adequately covered. If the other spouse objects to the legal separation, the application is automatically converted into an application for dissolution. (This the applicant can do at any time, even after the conclusion of legal separation.) While there are many different reasons why a couple may consider legal separation, it is important to note that both parties must apply for legal separation. The requirement for both spouses to seek legal separation in Arizona is different from that of divorce, in which only one spouse must file for divorce in the state of Arizona. The fact that the marriage continues after the renunciation of legal separation could influence the procedure, at least in the sense that the spouses could one day reconcile. However, this is not a factor that the court takes into account, for example, when determining the parent where the children will live most of the time. Reconciliation is always a possibility, because it is a legal separation, not a dissolution of the marriage. There is a misconception that most couples who opt for legal separation end up dissolving their marriage. Arizona law states that any type of property that a spouse acquires after legal separation, cancellation, or dissolution belongs exclusively to that spouse. In the event of divorce or legal separation, the parties are allowed to enter into an agreement and submit it to the court, with the exception of final orders received from the court.
The court will ensure that the agreement is irrevocable. You can receive an annulment if you have entered into a marriage that is either an illegal marriage or that has become questionable due to a defect in the marriage that occurred at the time of the marriage. If you`ve only been married for a short time and found that you`ve made a mistake, getting a cancellation may not be enough. The best way to find out if you qualify is to meet with a divorce lawyer. Residency in Arizona does not require a period of time before you are eligible to apply for legal separation. Thus, legal separation is a viable alternative for couples who are interested in ending their marriage but have not lived in Arizona long enough to get a divorce. As in the case of a divorce, legal separation can include many different provisions regarding custody, parenting time, child support, spouse property, and the division of financial assets and debts. The ability to determine the rights and duties of each spouse is a key factor in explaining why people prefer legal separation to mere cohabitation. If a spouse simply moves without having an unmarried separation, it will not be possible to apply the oral conversations that may have taken place between the couple.
Arizona law requires you to be a resident of the state of Arizona for at least ninety days before filing an application for dissolution of marriage.