A married couple can legally separate and divide their assets while still being considered married. The couple is not need to be apart for any particular length of time. The pair can keep using some of the perks of marriage, such joint health insurance, even after a legal separation ends, as the marriage is not officially ended.
A Divorce: What Is It?
A marriage is formally ended when a couple files for a dissolution of their marriage. Divorce is something that practically everyone is familiar with because it occurs in nearly half of all marriages. Mediated or amicable settlements are possible in divorces, which are often portrayed as protracted court battles over property and child custody. Anyone can seek for a divorce in Arizona; the state does not hold spouses responsible for any wrongdoing. The catchall phrase “irreconcilable differences” is the most often given justification for a divorce.
In comparison to a divorce, what are the key distinctions between a legal separation?
A couple’s continued marital status following a legal separation stands in stark contrast to the dissolution of their marriage that occurs during a divorce. Additionally, this clarifies that remarriage is permissible following a divorce but not following a legal separation. While a separation is only temporary, a divorce makes it official for either partner to remarry should they change their mind.
Compare and contrast legal separation with divorce.
Property and debt division as well as child custody arrangements are standard components of every legal separation or divorce. This is why the durations of separation and divorce are comparable. If you want to be sure you get your fair share of assets and parenting time during a divorce or separation, you should consult an attorney. Either operation will require you to live apart from your spouse. It is possible to order child and spousal support during a divorce or separation. Each spouse in a marriage in Arizona has an equal claim to and responsibility for the marital estate’s assets and obligations because the state is community property. After a divorce or legal separation, the spouses’ status as communal property owners ends.
In Arizona, how does a legal separation differ from a divorce?
You don’t need to have lived in Arizona for 90 days to get a divorce, but you do need to have lived here for a legal separation. Remarrying is permissible following a divorce but not following a separation. A formal separation does not dissolve your marriage.
Can I Get a Divorce Without Legal Representation?
Legal separations typically involve child custody battles as well as divisions of assets and debts, so it’s wise to have legal representation. If your spouse has legal representation, you will be even more disadvantaged if you choose to represent yourself in court.
