Legal separation and divorce can be just as difficult for children. Whether you choose legal separation or divorce, mediation will help protect your children from harmful conflicts and disputes. Children are emotionally affected when their parents legally separate or divorce. But research tells us that the negative emotional effects are due to the CONFLICT involved, not the process itself. Mediation helps protect children and ensure that they adapt as well as possible. Although a legally separated couple is still legally married, the federal government recognizes the separated couple as divorced and they cannot file their taxes together. Agreements on the distribution of funds from tax returns may be reached in mediation. Many spouses choose the “Married Separate Deposit” status. Spouses can use professional accounting services to verify that they are making the best decision about their tax returns. There are some reasons why some couples prefer legal separation to divorce. For example, the couple may not be sure they want to break off their marital relationship.
Some couples try to separate from each other to try to check if they would agree to end their relationship or if they should try to settle things between them. 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. Before making a decision on legal separation versus divorce, please consider the following possible disadvantages of legal separation: The fact that the marriage continues after divorce from the legal cordon could at least influence the proceedings in the sense that the spouses could one day reconcile. However, this is not a factor that the court considers, for example, in determining which parent the children will live with most of the time. Reconciliation is always a possibility, because it is a legal separation, not a dissolution of marriage. 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. Legal separation is also an option for couples who do not meet Arizona`s residency requirements for divorce. A common question from people who don`t meet Arizona`s minimum residency requirements for divorce is, “How long does it take to complete a legal separation?” The differences between legal separation and dissolution include differences in tax matters and the spouses` ability to remarry.
There are tax breaks for married couples that no longer apply if a couple is legally separated. In addition, the ability to continue to maintain a spouse`s benefits, such as health and life insurance, also varies. In order for a court to make a judgment on legal separation, it must determine that the following factors are met: legal separation divides all assets and debts and separates future income and finances, as would be the case with divorce. The division of property is the same in the event of legal separation and divorce. If you and your spouse want to stay together, but need to protect yourself from each other`s financial responsibility due to future professional or personal debts, a legal separation may be an ideal option. When it comes to disposing of property in Arizona legal separation, follow the same law you would for divorce. Section 25-318 (A) of the ARS provides in the relevant part: The decision to legally divorce or separate in Arizona is a personal decision. There are simply no right or wrong answers, just trying to make the best legal, financial and emotional decision for your personal situation. A visit to an experienced lawyer can help you understand all your legal options so you can make the best possible decision and ensure your legal rights are protected, whether you choose divorce or legal separation.
Consider our free mini-course, which provides additional answers to frequently asked questions. Although the course focuses on divorce, it can help answer some of your questions about custody issues or other topics, and help you make decisions between divorce and legal separation in Arizona. If you have any further questions or concerns, we would appreciate the opportunity to discuss how we can help. Find out how one of our experienced family law attorneys at My Modern Law in Scottsdale, Mesa, Peoria or Phoenix, Arizona can provide you with answers to your questions and give you the information you need to decide if a legal separation in Arizona is right for you. Contact us today at (480) 470-7731 or online. 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 make unique personalized arrangements in a supportive, non-judgmental environment. The plaintiff or innocent spouse must invoke one or more grounds for legal separation from a federal marriage and prove his or her case by a preponderance of evidence. All but one of the above reasons require an allegation of marital misconduct or misconduct. The couple can negotiate all important issues related to their legal separation.
If they reach an agreement, they will then draft a separation agreement. The separation agreement should contain all the details of the division of property, the period of child-rearing, custody, child support and whether one spouse pays maintenance to the other spouse during the period of legal separation. If the couple agrees that they want legal separation, but cannot reach a full settlement, they can plead the outstanding issues during the separation proceedings. Apart from that, couples sometimes have concerns about health insurance or religious beliefs about divorce. If one of the spouses suffers from significant health problems where the cost of health insurance would be excessive, the parties may decide to opt for legal separation so that the spouse who needs health insurance continues to have the coverage of the other spouse if health insurance allows it. It is possible that if both spouses agree on all issues, a legal separation can be an affordable, simple and short process for both spouses, with a resolution in two or three months. While divorce and legal separation in Arizona must include documents submitted to the court, legal separation requires a request for legal separation, service, and a legal separation warrant.