How to Obtain a Divorce After Legal Separation in Arizona

Getting a Divorce After Legal Separation in Arizona

Some people want to know how to obtain a divorce after legal separation in Arizona. If the court has already issued a final Decree of Legal Separation and one of the parties wishes to obtain a divorce later, a new initial Petition for Dissolution of Marriage would need to be filed using the same case number as the legal separation case.

You would need to notify the Court in that petition that a Decree of Legal Separation was previously issued and that you now wish to dissolve the marriage. That petition for divorce can be filed at any time after a Decree of Legal Separation has been issued by the court.

You will then need to go through the same process as you did with the legal separation. After you file your divorce petition, your spouse will have to file a response. You should incorporate all of the orders from your Decree of Legal Separation in your divorce petition. If everyone agrees to simply keep things as they were previously ordered (which they should), you can complete the divorce by both parties signing a Consent Decree for Dissolution of Marriage.

Depending upon the orders contained in your Decree of Legal Separation regarding alimony, you may or may not have to litigate those issues if they are contested. Likewise, child support may be an issue and require a hearing if either party believes they have a basis to modify child support. If the parties do not agree on all of the issues in the divorce proceeding, the case will have to go to trial to convert the legal separation into a divorce in Arizona.

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Cost of Converting a Legal Separation into a Divorce

Converting a legal separation into a divorce will almost always be more costly than simply filing for divorce instead of a legal separation. However, there are many reasons people choose legal separation over a divorce; cost savings simply is not one of those reasons.

You should also be aware that you are not divorced simply because you obtained a legal separation from your spouse. So, if you wish to remarry in the future, you are going to have to put those wedding plans on hold until you can complete your divorce.

You should speak to an experienced divorce attorney regarding your options and the legal benefits and disadvantages of legal separation in Arizona. Our Arizona legal separation and divorce attorneys can explain everything you need to know about legal separation and divorce to enable you to make the right decision in your Arizona family law case.

If you have questions about how to obtain a divorce after legal separation in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have decades of combined experience successfully representing clients in divorce and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your divorce or family law case around today.

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