Arizona Legal Separation Lawyer
There is no perfect marriage, nor a perfect husband and wife. Some marriages lead to crucial decision-making, which sometimes includes separation for a short or long while. During this time, the married couple tries to set a significant distance between each other to think things through as they work towards future reconciliation or a permanent split.
Legal separation refers to a detachment that is approved by the court. In Arizona, this act defines only the legal rights and obligations of the husband and wife. It does not put an end to the marriage. Legal separation is different from informal separation and divorce. After it is approved, the marriage remains existent despite the distance and other conditions.
The court also makes provisions regarding child custody and support, spousal support, and disposition of property. Legal separation often offers benefits to the couple, although they are formally separated while remaining married.
Call Dodge & Vega, PLC at (480) 559-8252 now to get a consultation.
Legal Separation Statute in Arizona
What is legal separation, according to Arizona’s revised statute? ARS § 25-313 is the Arizona legal separation statute. To grant a decree of legal separation, the court uses this statute to set forth the necessary findings for the approval. The court is allowed to access the decree once the marriage is irremediably fractured.
The court shall order a legal separation once the following are met:
- One of the parties should be a resident of Arizona; if one is a member of the armed forces, he must be assigned in this state;
- Both the mediation provisions of § 25-381.09 and this chapter’s article 5 are met or not applicable;
- The marriage is irrevocable or irreconcilable. Also, if one of both parties want to live separately, especially if the marriage is fixed or out of an agreement only; any grounds mentioned in § 25-904.
- The other party does not give his or her consent for the order of legal separation;
- If jurisdiction is provided to the married couple and the court has considered and approved the petition to legal separation, thereby making provisions for child custody, child support for biological or adopted children shared by the parties of the marriage named to support, spouse-related maintenance, as well as the arrangement of properties.
Advantages of Legal Separation
If you want to take some breather, take a break from your problematic marriage, but don’t want to give up fighting for it, you can file for a legal separation. Here are some advantages:
Child custody, child support, and property division will be legally clarified. Formalized separation can be made, which typically applies to couples who decide on permanent separation over a trial one. Commonly, couples push for a legal separation rather than a divorce due to the monetary benefits such as tax incentives and religious beliefs that can be conflicted by divorce.
As similar to divorce orders, couples can obtain the interests of legal clarity through a legal separation. Both parties’ property rights are divided into each of them. These are obligations and rights, such as child custody as well as spousal support. In the case of predicaments, court-approved legal separation can help the couple enforce these access and privileges.
Here are some of the legal separation grounds: adultery, incompatibility, abandonment, cruelty, etc. The rights and obligations can only be modified with the assistance of a court in Arizona.
Filing for Legal Separation
The decree of legal separation can be enforced as a final judgment. Both the husband and wife can independently aim to impose court orders such as monthly or annual payment orders for the other party. Legal separation is a big and serious marital concern, just one step short of divorce.
The marriage remains in effect, but other matters can be decided on separately. Legal separation becomes official only when a judge has ordered a rightful division of spousal maintenance, property, as well as child custody and support. Legal separation typically involves the same steps as that of divorce. It requires a community property division.
Legal Separation Lawyer in Arizona
If you’re struggling with your marriage and planning to file a legal separation in Arizona, seek help from a legal separation attorney from Dodge & Vega, PLC. They are committed to providing you with the best legal service with a dedicated presence in the court to have your petition approved. In these trying times, you will need encouragement and legal advice for your marriage. The experienced attorneys from Dodge & Vega, PLC will give you convenience in the court. They will handle every aspect of the case/petition with ease and professionalism.
Should you have further inquiries, contact Dodge & Vega, PLC at (480) 559-8252 or book a free consultation now.