The application for legal separation differs depending on whether or not they are children. All forms are available on AZCourts.Gov. Read on to learn more. A more complicated but not complex legal separation from a federal marriage has additional legal requirements. According to ARS § 25-904, the judge may render a judgment on the legal separation of a federal marriage after making one of the following findings: Legal separation is a choice. If the spouses are not sure about the divorce, they can obtain a judgment of legal separation. You may be reluctant to receive a divorce decree for any personal reasons. If the other spouse accepts legal separation but rejects some of the proposed conditions, he or she may contest the application. The couple can then try to reach an agreement through negotiation or alternative dispute resolution. It is possible for a couple to reach agreement on most questions while leaving only one or more questions unanswered. When this happens, it will always simplify the process as there is less left to deal with. Depending on religious, financial and personal factors, divorce may not be the best option for a couple struggling in their marriage.

These factors directly influence the type of separation a couple ultimately pursues. Because of the process involved, a legal separation can take as long as a divorce. It is therefore important that persons request interim measures when applying for legal separation, so that their rights and obligations can be determined during the investigation of their case. Talk to an experienced divorce attorney at Stewart Law Group about legal separation and related procedures. Ask. Find out whether, given your particular situation, it would be better to keep the marriage intact or, alternatively, dissolve it. Yes, it`s a good idea for you to do so. A well-trained family law lawyer will advise you on problems that may arise in the future and help you negotiate the terms of your separation with your spouse. This could make it more likely that your separation will be smoother for everyone involved. To learn more, speak to our legal separation lawyers at Cantor Law Group at 602.254.8880.

If one of the spouses does not consent to legal separation, the other spouse cannot obtain one. However, the other spouse is free to file an application for dissolution instead. As in a divorce case, a legal separation may include many different provisions relating to custody, parental leave, child support, spousal support, and division of financial assets and debts. The ability to determine the rights and duties of each spouse is a key factor in why people choose legal separation rather than simply living apart. If one of the spouses simply moves without legal separation, it is not possible to enforce the oral conversations that have taken place between the couple. Similar to a divorce decree, a separation decree is enforceable as a final judgment. Either party may attempt to enforce court orders (e.g., if a party is ordered to pay monthly spousal support for a number of years but has not done so). A legal separation judgment is a step before divorce, but it is a big step. Maintaining health insurance for a spouse whose employer does not provide this benefit may be another reason. For example, this may be an option if the receiving spouse is a stay-at-home parent and the primary caregiver for the children.

Through marriage, the working parent can continue to take out insurance by paying premiums for the other spouse, even if they are legally separated. (Check and make sure health insurance covers both spouses after legal separation.) The application for legal separation follows the same procedure as an action for divorce, except that the court must find that either the marriage is irretrievably broken, or that “one or both parties wish to live separately and separately”. A.R.S. Section 25-313 (3). Instead of an application for legal dissolution, an application for legal separation is made. The petition must contain the information mentioned in article 25-314 of the A.R.S. Couples must recognize the “desire to be separated and separated” if they want a legal separation, or that their marriage is “irreparably broken” if they want a divorce. In cases involving children, parties must indicate whether or not there was “significant” domestic violence in order to obtain joint custody. In Arizona, separated spouses still own an equal share of the community`s property and are still equally responsible for the community`s debts. You retain the same ownership of the matrimonial patrimony, whether the property is in the name of one of the spouses or in both names. On the one hand, spouses can remain physically separated and married until death and never take legal action (“until death do us part”).

On the other hand, either spouse may apply to the Superior Court of Maricopa County or another for an order of legal separation. The forms include the custody and parenting form, as well as the child support worksheet. These must be submitted to the competent court to which the case is submitted. The spouse must participate in a parent information program. Divorce from a federal marriage also requires fault charges, but spouses can agree to divorce without having to live apart and separated for two years or more. This is an important difference between legal separation and divorce from marriage of alliance. Consult a Stewart Law Group lawyer to find out if legal separation or divorce from a federal marriage is the best solution for your particular situation. Everyone`s situation is unique. The applicant completes the application for legal separation (with or without children) and submits it to the court. “Christa Banfield has helped me tremendously through a very difficult time. She was more than extraordinary.

Their advice was very simple and made me feel safe and informed throughout the process. The process was actually so easy with her. I couldn`t have asked for anything better. She is patient, kind, caring and extremely knowledgeable. She was very honest with me about what we could accomplish and she supported me in everything. She is a pragmatic lawyer, direct to facts and laws and will fight for what you legally deserve and are entitled to. You can trust them to do the right thing for you as a client and know that you have received the best legal support and advice possible. I can`t say enough wonderful things about lawyer Christa, she is exquisite! Cantor Law Group`s legal aid can help couples anticipate potential problems that may arise so they can be avoided. It is important to develop a personalized separation agreement that addresses all issues to avoid unforeseen problems during the separation period.

People should make sure that all their agreements are included in their separation agreement document. If they omit agreements on ancillary matters, they will not be able to seek enforcement of those ancillary agreements in court. In Arizona, both spouses must agree to separation before an executive order is issued. Couples must file a “petition for legal separation without children” or a “petition for legal separation with children” in the Arizona Superior Court in the county where they reside. Legal separation is not a quick divorce. Nor is legal separation an annulment of marriage. In Arizona, annulment is only possible in cases where the marriage has been declared “null and void” because an impediment rendered the marriage invalid or invalid. For example, bigamy invalidates a second marriage because the first marriage was never legally dissolved. (Bigamy is also a crime.) Unlike a declaration of annulment, legal separation can only be obtained on the basis of a valid marriage. The fact that the spouses are unwilling, unable or hesitant to divorce and instead choose to separate legally does not diminish the validity of their marriage.

The judge may depart from the so-called 50/50 division of the community`s property and debts if the couple has a separation agreement that provides for an unequal division of their matrimonial property. Any legal separation involves negotiations and settlements. Spouses may freely refer to their property as “joint property” or “separate property”. However, if a separation agreement is silent on an issue, the judge must make a decision that is binding on both parties. In the event of legal separation, all matrimonial property and debts are divided equally between the parties. In Arizona, assets and debts acquired during the couple`s marriage would belong to the community. As a result, each spouse owns an undivided half share of the property and shares responsibility for marital debts. The court divides the joint property equally between the parties, unless there are reasons for unequal division (for example, a separation agreement with different terms).