People who are legally separated must always answer that they are married on their tax forms and other forms. They are also not free to marry other people because they are married. While many couples who achieve legal separations end up divorcing, some choose to remain legally separated instead of divorcing for various reasons. When a legally separated couple decides to divorce, their legal separation orders are included in their divorce decree. However, the main difference between divorce and legal separation is that a person cannot remarry at the end of the legal separation. In general, a long separation does not cause a person to lose his or her rights. But this can diminish some legal arguments, such as the need for spousal support. Or that a parent should have the same parental time, but that he or she has not actively participated in the children`s lives throughout the period of physical separation. Have a plan. If you`re considering a legal separation in Arizona, here`s what you need to know about the differences between legal separation and divorce, also known as marriage dissolution. In order to achieve legal separation, both parties must agree to pursue it. In accordance with the A.R.S.
§ 25-313, if a spouse opposes legal separation, the court orders that the procedural acts be amended to achieve dissolution instead of separation. On the other hand, only one spouse must accept that a divorce case under the A.R.S. § 25-312 continues as long as the court considers that the marriage is irretrievably broken. Since Arizona is a flawless state for regular divorces, this means that a divorce can be granted even if only one party wishes to. More complicated, but not complex, the legal separation of a federal marriage has additional legal requirements. According to ARS § 25-904, the judge may issue a decree on the legal separation of a marriage of alliance after making one of the following conclusions: At this point, you may be wondering why a person would opt for legal separation and not divorce. Perhaps the parties are not willing to end the relationship, but would prefer to be legally separated. Insurance benefits could play a role in the decision.
If both parties are still legally married and therefore an insurance provider can still transport the other party on the applicable plan. Social benefits could be another problem. Sometimes people choose not to divorce because of their religious beliefs. Differences between legal separations include differences in tax matters and the ability of spouses to remarry. There are tax benefits for married couples that no longer apply when a couple is legally separated. In addition, the possibility of maintaining a spouse`s social benefits, such as health insurance and life insurance, also varies. Deciding to separate or divorce can be complicated and confusing. A spouse may object to the concept of divorce or legal separation proceedings. However, all parties involved should understand that if one of the spouses wants to proceed with the divorce, the Arizona divorce “through no fault of their own” means that a divorce is progressing. If you`re considering separating from your spouse, Schill Law Group`s family law lawyers can help you determine if separation instead of divorce might be a good choice for you. Why not divorce if the only difference in the outcome is the ability or inability to marry someone else? There are several reasons why legal separation is preferred to divorce. For some spouses, it is not a question of being free to remarry.
Religious beliefs can prevent them from dissolving their marriage, so legal separation is the only alternative when things turn sour. If you and your spouse opt for legal separation, you can later convert it into divorce at any time. 3. Legal separations may be unnecessary for your relationship. Many couples who first ask about legal separation think it`s a necessary part of determining the direction of their marriage. You may think that the formal structure of separation is similar to that of divorce, but without the final dissolution of the marriage. One of the main reasons why couples choose to legally separate rather than divorce is religion. If your religious beliefs don`t allow you to divorce, legal separation might be an option. However, your spouse must agree to a separation. The procedure for obtaining legal separation in Arizona is the same as that for divorce. In both cases, a party must file a petition with the court to obtain the desired remedy – 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. At any time during the dispute, either party may request that an application for legal separation be converted into an application for dissolution of marriage. Although a couple is legally separated, they are still considered married. If they file tax returns, they can file them together or separately as married couples. They cannot file their taxes and pretend they are single. Each spouse remains liable for his or her debts held jointly. The court can make orders that divide property, assets and debts between the couple in the event of legal separation. If one of the spouses makes new purchases after submitting his or her application for legal separation, this property is considered to be their own separate property. The second difference is the requirement of mutual agreement for legal separation.
There is no obligation to accept divorce in Arizona – Arizona is a debt-free state, which means one party only has to show that the marriage is irretrievably broken. In Arizona, legal separation lasts as long as divorce. Under Arizona law, legal separation cannot be concluded until 60 days after the plaintiff has been served on the respondent. In mediation, the entire process can be completed within 2 to 4 months. The Aurit Center can help you close agreements as quickly as possible and complete your entire process efficiently. In the event of a dispute, the process can take up to a year or more. Legal separation in the state of Arizona allows two spouses to fully divide their property, separate financially, determine child custody calculations, create a child custody and visitation plan, live in separate places, while remaining legally married. Divorce not only allows a couple to achieve the same goals, but also legally ends their marriage. Ending a marriage can have emotional, financial and religious consequences for a couple.
In some cases, couples may think that a separation at a later date could lead to reconciliation, or they may not want to divorce for religious reasons. In other cases, maintaining the marriage allows one of the spouses to stay on the other`s health insurance. However, the main difference between legal separation and divorce in Arizona is that legally separated people are still married. On the other hand, a divorce ends the marriage. Talk to an experienced divorce lawyer at Stewart Law Group about legal separation and the procedures involved. Ask. Find out if, given your particular situation, it would be better to keep the marriage intact or dissolve it. It is not uncommon for couples to encounter difficulties in their marriage that lead one or both parties to believe that it would be more beneficial for the end of the partnership. While divorce is probably the first thing that comes to mind, couples have another option that they can use to make the process easier. Legal separation is a commonly used solution for couples who are looking for a solution to their marital problems without completely dissolving the marriage. While all of these elements are interdependent, each inconvenience touches on a specific aspect of your marriage and impending separation. That`s how they work.
When a couple receives their separation or dissolution decree, they will no longer have a community property relationship with each other. There will be both financial and physical separation. However, a legally separated couple will still be married and will not be able to marry other people. If you and your spouse are in a situation of separation or divorce, contact the Hildebrand Law, PC team for assistance. Some couples opt for legal separation because they feel it may be possible for them to reconcile later. If you and your spouse are struggling and feel that time separation could be beneficial, legal separation could be a good option. However, reconciliation will likely require some work and the willingness of both spouses to go to therapy. If you divorce instead, your spouse will have to find health insurance on their own. In some cases, COBRA may allow a spouse to have some time to apply for coverage. However, COBRA coverage can be very expensive. Maintaining health insurance for a spouse whose employer does not provide this benefit may be another reason. This may be an option, for example, if the assisted spouse is a stay-at-home parent and the primary caregiver of the children.
By remaining in marriage, the working parent can continue insurance coverage by paying premiums for the other spouse, even if they have been legally separated.