The path to happily ever after is bumpy, and sometimes, there are forks in the road. In Arizona, one of those forks sometimes leads to legal separation as an option rather than divorce. There are many valid reasons to choose legal separation instead of remaining together under the same roof while enduring a difficult period in your relationship, or dissolving the marriage completely through divorce.
A legal separation in Arizona can be a transition period, a trial divorce, or even a permanent solution for many spouses. A trusted Chandler divorce lawyer can help you explore whether legal separation or divorce is the better choice for your specific circumstances.
An Arizona legal separation has the same parameters as a divorce, with a custody agreement and parenting plan for spouses with children, child support, a fair and equitable division of marital property, and spousal support (alimony) in appropriate cases. It functions much like a divorce, but the spouses remain legally married and cannot remarry unless they follow through with a divorce.
Most spouses hire attorneys to assist them through the legal separation process because it requires a settlement agreement or a judge’s decision on disputed matters, just as in an Arizona divorce. A legal separation gives spouses the option of separating with all of the legal rights and protections of a divorce while remaining legally married.
Spouses choose legal separation in Arizona for many reasons, including some of the common reasons listed below:
Finally, some spouses choose a legal separation as a trial divorce, knowing that if they decide to divorce, it’s much easier to dissolve the marriage once the terms for child custody and asset division are already in place from the Arizona legal separation. On the other hand, some spouses remain legally separated indefinitely and never divorce. There is no time limit on how long spouses can remain legally separated in Arizona.
Although forms are available online for many aspects of filing for legal separation or divorce, it’s rarely advisable to undergo the process without an attorney. A judge may toss out a separation agreement if it has an error, and you may miss important legal considerations during the division of your assets, determining spousal maintenance, and other critical matters. A Chandler family law attorney safeguards your best interests throughout the legal process and ensures your case meets all filing requirements.
Arizona family courts make all decisions in a child’s best interests. The courts handle child custody during legal separations the same way they do in divorce. There are two types of child custody in Arizona: legal custody for deciding important decisions for a child’s future, like medical and educational decisions, and physical custody, or where a child lives. Arizona court judges believe that continued close contact with both parents is in a child’s best interests, unless one parent presents compelling reasons why it isn’t in their child’s best interests to spend equal custody days with the other parent.
During the legal separation process, parents must develop and execute a parenting plan with a suitable schedule for their situation. Typically, this is close to 50/50 shared custody, but due to work schedules and other factors, some families choose one parent to have primary custody and the other parent has visitation every other weekend, one weeknight evening, and half of school holidays. If parents cannot agree on their parenting schedule for legal separation, they must present their arguments to the court for a judge to decide, just as in divorce.
Although spouses remain legally wed, it’s typically understood that they plan to date other people, and there is nothing in Arizona’s laws prohibits this. Whether or not spouses are free to date others during the separation is usually decided between them, without the court weighing in on the subject.
However, if one spouse develops a serious relationship with someone else, they are not free to marry until they are divorced from their legally separated spouse. Separated spouses sometimes date each other during their separation to rekindle their romance and attempt to reconcile.
The Arizona legal separation process is very similar to the divorce process. One spouse petitions the court, and the other spouse has 20 days to file a response if they are Arizona residents. If the respondent has moved out of the state, they have 30 days to respond. Both spouses make full financial disclosures and work with their attorneys and often a mediator to form a legal separation agreement, including child custody, child support under the state’s formula, asset division, and spousal maintenance where appropriate. If they cannot reach mutually accepted agreements on one or more terms of the legal separation, they may go to court for a judge to decide, just as in a divorce.
The attorneys at Wilson Goodman Law Group, PLLC, understand that the emotional aspects of a legal separation are distressful. Chances are, if you and/or your spouse have chosen this option, you’ve already experienced significant emotional upheaval. Call the Arizona divorce and legal separation attorneys at Wilson Goodman Law Group, PLLC, today so we can begin representing your interests throughout the process.
