Hildebrand Law, P.C. mobile logo

Categories

Benefits of Legal Separation in Arizona | Hildebrand Law, PC

Fri 12th May, 2017 Arizona Legal Separation Laws

If you are considering ending your marriage, you may want to know the advantages of opting for a legal separation in Arizona.

One of the first decisions you need to make is whether to file for a legal separation or a divorce. The answer to that question depends on your particular situation.

Summary of the Benefits of a Legal Separation

Learn how legal separation in Arizona can terminate shared ownership of assets and debts, while still maintaining the marriage. It allows couples who are uncertain about pursuing a divorce to have some flexibility.

Learn about the differences between physical and legal separation, why you should use written agreements to minimize financial and logistical issues, and how agreed terms can be approved by a judge without either spouse needing to appear in court.

Learn how a legal separation may allow you to maintain some benefits, such as health insurance, and may address religious or cultural concerns about divorce, while still allowing for the possibility of getting back together.

A properly drafted legal separation agreement may help you set terms that could be used in a future divorce, so you should seek legal advice from an experienced Arizona family law attorney.

When it comes to ending a marriage, many couples will jump to the most obvious solution they can think of: divorce.

Divorce might appear straightforward at first, but it often results in challenges, frustrations, and a complex web of paperwork, legal processes, and costs.

You’ll need to handle the technical and formal aspects, plus the consequences might bring social and family challenges. Additionally, some of the financial advantages of being married may disappear.

However, there is a way to end the marriage while still maintaining some of the advantages that come from being wed.

Legal separation might seem like a drastic step for some couples, yet it can be very beneficial when the situation is suitable.

We want to highlight some of the benefits of opting for legal separation over a divorce.

If you’re thinking about a legal separation, you should consider talking with one of the experienced Arizona legal separation attorneys at Hildebrand Law, PC for assistance.

U.S. News and World Report Votes Hildebrand Law, PC Best Law Firms for 2020 2021 2022 2023

A legal separation can take several forms.

A legal separation in Arizona ends all joint ownership of assets and debts without terminating the marriage entirely.

Some partners aren’t sure if divorce is the right decision, or they want to be certain they’re making the right choice when considering separation or divorce. Legal separations allow them to explore this option.

If you are thinking about just a physical separation without formalizing it through the courts, it’s wise to get a legal separation agreement for the trial period to help minimize potential financial risks.

Differences on which spouse will cover specific bills, who gets to use cars and homes, and where paychecks should go may cause conflict. This can make an informal separation lean towards a court-ordered legal separation in Arizona.

A legal separation agreement created by two spouses can be filed with the court, together with a Decree of Legal Separation.

Once the judge approves the legal separation agreement, they will sign the Decree of Legal Separation without either spouse needing to attend court.

A legal separation also leaves the door open for getting back together and resuming the marriage. However, the final divisions of property and debts approved in the Decree of Legal Separation still apply.

It may be a solution for couples who want to live apart, but stay married for religious reasons. In some cases, it may be done to maintain insurance coverage if permitted by the health insurance policy.

When weighing the advantages, it might make more sense to opt for legal separation instead of divorce in certain circumstances.

A legal separation lets the parties set the terms of their divorce in advance by using a binding separation agreement, even before they start the divorce process.

If they choose to move forward with a divorce later, the divorce decree and related documents might continue from where the legal separation agreement ended. However, this isn’t assured when it comes to family support responsibilities.

Benefits of Legal Separation in Arizona.

In certain religions, divorce is forbidden or simply not recognized.

Couples who face religious implications often opt for legal separation instead of divorce. This choice allows them to live apart and separate their finances without going against religious views that disapprove of divorce.

According to the 2006 data from the U.S. Census Bureau, 14% of couples who are legally separated will eventually reconcile with their spouse.

Legal separation offers couples who oppose divorce the ideal arrangement. They can live separately, separate their finances, stay within their religious beliefs, and still have the opportunity to reconcile with their spouse.

Religious and cultural beliefs are often a large, foundational piece of any marriage.

When a couple decides to end their marriage, the legal aspects of family law are just one part of the situation.

A divorce could not only bring more financial stress, but it might also cause conflicts within your family or the community where you are looking for support.

Instead of enduring a troubled marriage just to avoid social consequences, an alternative could be opting for a legal separation rather than a divorce.

Since the spouses remain married, a legal separation avoids some of the negative perceptions associated with divorce and the religious implications that might arise.

If you have questions about the benefits of legal separation in Arizona, you should consider reaching out to the attorneys at Hildebrand Law, PC.

Our Arizona legal separation and family law attorneys have decades of combined experience successfully representing clients in legal separation and family law cases.

Our family law firm has received several awards including US News and World Report’s Best Arizona Family Law Firm, 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 Arizona legal separation or family law case around today.

What does a legal separation in Arizona do, and how is it different from divorce?

In Arizona, a legal separation resolves joint ownership of assets and debts but keeps the marriage intact. This preserves the legal marriage status—potentially maintaining certain marital benefits—while giving spouses space and structure. It also keeps the door open to resolve the marital issues. In contrast, a divorce fully terminates a marriage that some couples prefer to avoid or postpone.

Why should we have a written legal separation agreement if we’re only physically separating?

A written legal separation agreement helps prevent conflict and financial risk during a trial separation. It can clearly assign who pays which bills, who uses or possesses the home and vehicles, and where paychecks are deposited. Without clear, written terms, disputes over money and property are more likely and can push the situation toward a formal, court-ordered legal separation.

Can we complete a legal separation without appearing in court?

Yes. When a couple agrees on a legal separation and files it along with a proposed Decree of Legal Separation, a judge can approve and sign it without the spouses going to court—as long as the agreement complies with the requirements of a legal separation.

How can legal separation support religious or practical concerns like health insurance?

Legal separation may enable couples whose religious beliefs or cultural practices discourage or forbid divorce to live separately while staying legally married. This arrangement may help them minimize social or religious consequences. Some couples also pursue legal separation to try to maintain insurance coverage, if their policy permits it. Additionally, legal separation leaves room for saving the marriage—the U.S. Census Bureau (2006) reported that about 14% of legally separated couples eventually reunite.

What happens to property, debts, and support if we reconcile or later divorce?

In some cases, the property and debt divisions outlined in the Decree of Legal Separation might continue to apply even if you and your partner reconcile, but you should consult a qualified attorney about the enforceability of your legal separation agreement. A separation agreement can detail terms that could influence a future divorce; however, it’s important to note that these terms might not necessarily apply to family support obligations in the event of a divorce. If you decide to move forward with divorce, the divorce decree and related documents might continue from the separation agreement, pending approval from the court and in line with Arizona law.

Contact Form

This field is for validation purposes and should be left unchanged.
Scottsdale Arizona Divorce, Family Law, and Estate Planning

As Seen on CBS News, ABC News, NBC News, and Fox News

Arizona Estate Planning Attorneys, PC As Seen in the News.
Hildebrand Law, PC As Seen in the News.