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Legal Separation

A legal separation in Arizona is almost identical to a divorce. However, there are significant differences you must consider before choosing a legal separation rather than a divorce.

Phoenix Legal Separation Lawyer

The Daly Law Firm represents clients going through legal separations throughout Scottsdale and the greater Phoenix area of Arizona. If you have been served with legal separation papers or you are contemplating a legal separation, contact the Daly Law Firm for an analysis of your case. It might be better to seek an legal separation under your circumstances. It is a good idea to talk to a lawyer about the differences and advantages of legal separations and divorces in order for you to make an informed decision.


Why should I get a Legal Separation rather than a divorce?

Generally, the reasons people choose a legal separation rather than a divorce are because of religious or cultural beliefs. After a divorce the marriage is dissolved and the parties are no longer married. In a legal separation the parties remain married. The parties would be unable to remarry in the future without converting the legal separation into a divorce.

Another common reason people choose a legal separation rather than a divorce is since the parties are still married many health insurance providers allow the parties to remain on each other’s health insurance plans. Given the ever increasing cost of health insurance proceeding by a legal separation in Arizona may be more cost effective for the parties. Finally, a legal separation ends the martial “community”. That means neither party is legally responsible for the other parties’ debts.


How do I file for Legal Separation in Arizona?

A legal separation is filed just like a divorce in Arizona. One party begins by filing a Petition for Legal Separation. However, procedurally there is one major difference. Both parties must agree to a legal separation. This differs from a divorce were the parties are not required to agree that the marriage is irreconcilable. Assuming the parties agree on a legal separation the court will divide property and debt, determine custody, visitation and child support just like in a divorce.


What if I want to get a divorce after I file for a Legal Separation?

If prior to the entry of the final Decree of Legal Separation one party would rather get a divorce they may ask the court to convert the case into a dissolution of marriage. If after the entry of the final Decree of dissolution one party wants to get a divorce they must re-file a Petition for Dissolution.


Daly Law Firm, PLLC - Scottsdale Legal Separation Attorney

At the Daly Law Firm, we understand that legal separation cases can be highly emotional and stressful. If you are seeking an Arizona family law attorney for a legal separation in Scottsdale, Phoenix, Mesa, Tempe, or another area within Maricopa County, call us at (480) 607-8308 for a free consultation.

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