In mediation, for legal separation or divorce, you must discuss and agree on the same issues: the division of assets and debts, child support, spousal support and a parental plan that includes parenting time and legal decision-making power. If you are involved in a legal dispute with a divorce lawyer representing opposing parties, the same issues will be settled in an adversarial court case. Spouses can complete their entire legal separation or divorce 100% online by videoconference. The Aurit Centre has long been a leader in online mediation, where spouses reach agreements on all divorce matters in the place of their choice. Whether your meetings are online or in person, we draft all your legal documents, you sign them and then submit them to the court on your behalf. When you finish your process with mediation, you never have to set foot in a courtroom. If a legal separation is achieved in Arizona, the spouses are likely to have ended their community property relationship, separate financially, and live separately. However, they are still legally married, where divorced spouses are no longer legally married. The issues to be decided for the creation of separation or divorce agreements are the same: the division of property and debts, spousal support and parental time, formerly known as child custody. There are two main differences between legal separation and divorce. The first is the requirement of how long you must live in Arizona to file a lawsuit.
For example, to file a separation lawsuit, you only need to live in the state of Arizona. But to start a divorce lawsuit, you must live in Arizona for 90 days before filing for divorce. Before making a decision on legal separation or divorce, please consider the following possible disadvantages of legal separation: In Arizona, legal separation is a viable and beneficial alternative to divorce for some married couples. Spouses may opt for legal separation for financial or religious reasons. Some do this to cover the need for ongoing health insurance, while others need time in the hope of reconciliation. Each spouse must have lived in Arizona within 90 days of filing the petition. If children are involved, they must have lived in Arizona for six months before submitting. In a federal marriage, a spouse cannot apply for legal separation. If a party does not wish to have a legal separation, the court may convert the proceedings into divorce proceedings. When it comes to governing property in Arizona, follow the same law you did with divorce.
The ARS § 25-318 (A) provides in a relevant part: The procedure for obtaining legal separation in Arizona is the same as for obtaining a divorce. In both cases, a party must file a petition with the court to apply for the desired release – whether for legal separation or divorce. Then, the bidding party must hand over the documents to the responding party (non-bidder). Both cases will then continue in accordance with the Arizona Family Law Rule of Procedure. During the dispute, either party may at any time request the conversion of an application for legal separation into an application for dissolution of marriage. The judge may deviate from the presumed 50/50 division of community property and debts if the couple has entered into a separation agreement that provides for an unequal division of their matrimonial property. Any legal separation involves negotiations and settlements. The spouses are free to call each of their property “common property” or “separate property”. However, whenever a separation agreement is silent on an issue, the judge must make a decision that is binding on both parties. An authority defines legal separation as a rule in which husband and wife live separately from each other and at the same time remain married by mutual consent. The aspect of mutual consent is important because it is one of the main requirements for a valid legal separation in Arizona. The applicable rule, A.R.S.
§ 25-313, stipulates that legal separation is only valid if five factors are met: A separation agreement is a legally binding contract signed by the spouses that aims to resolve problems of property, debts and children. This can be a very complex and detailed document, depending on the unique situation of the marriage. Many spouses consult a lawyer to do this, or they decide to prepare their own. In addition, there are many unique emotional situations where legal separation is beneficial. For example, legal separation may be preferable for couples who find that they still love each other but no longer want to live together, or for the couple who are no longer in love with each other but want to continue pooling their financial resources. Mediation is ideal for helping couples reach unique personalized agreements in a non-judgmental supportive environment. Divorce from a federal marriage also requires the affirmation of fault, but spouses can accept divorce without having to live separately for two years or more. This is an important difference between legal separation and divorce from federal marriage.
Legal separation can serve as a stage between marriage and divorce when one or both parties are emotionally reluctant to pursue a divorce. If this is your situation, legal separation offers you the opportunity to enter into mutually beneficial agreements in mediation while taking the time you need to prepare emotionally for divorce. The process of legal separation can easily turn into a divorce or, if you reconcile, back to your previous marital status. If reconciliation is unlikely, parents should be honest with their children so that legal separation does not lead to a false sense of hope that parents can reunite. Unrealistic expectations can make the future transition to divorce more difficult for children. Whether you opt for legal separation or divorce, you can prioritize the health and well-being of your children by completing your mediation process. Trained professional family mediators are familiar with family law, dispute resolution and financial issues related to divorce. Your mediator will help you both through the process in a simple, affordable, effective, fair and confidential way that best protects your children from harm caused by litigation in court. Talk to an experienced divorce lawyer at Stewart Law Group about legal separation and the process involved. Ask. Find out whether, in your particular situation, it would be better to keep the marriage intact or dissolve it. Moving a spouse out of the marital home is always an alternative to divorce.
Maintaining two apartments could be a temporary solution to the couple`s problems (a trial separation period) which could become a permanent separation if the spouses separate. A brief note on legal fees. Since divorce and legal separation are essentially the same procedures in the family court, it is to be expected that the costs will also be comparable […].