Usually, legal terms and phrases are too confusing for people without a professional law degree. For instance, it might be challenging to identify the difference between divorce and legal separation.
In turn, the lack of knowledge in this area can result in the inability to make well-grounded and forward-looking decisions regarding family relationships. When choosing between these two options, you should have a deep understanding of how your life will be impacted afterward.
Therefore, keep reading this article to familiarize yourself with specific features of legal separation and divorce in Arizona.
Basic Information About Divorce and Legal Separation
Divorce, also known as the dissolution of marriage, is a process that completely dissolves the legal status of the marriage, thereby returning each spouse to the status of a single person. In other words, after getting a divorce, you have the opportunity to remarry and begin a new chapter of life with the other person. Since state laws regulate divorce, requirements for this act of ending marriage vary depending on where you live.
When it comes to legal separation, it can be considered a perfect alternative to divorce for people who want to live separately without ending their marriage. This court-ordered agreement covers the same issues found in a final decree of divorce, including child custody, spousal support, division of marital assets, and so on. However, upon concluding this agreement, you and your partner are still legally married, so you’re not allowed to remarry again.
Legal Separation in Arizona
The majority of Arizona residents apply for a legal separation instead of a marriage termination due to one of the following reasons:
- religious beliefs that prohibit marriage termination
- retention of medical benefits
- eligibility for a spouse’s pension and certain types of Social Security benefits
- time apart to decide if divorce is what they truly want
The last reason is the most common, as people usually need time to make sure they will not reconcile. Thus, legal separation can serve as the trial period before the official act of ending the marriage.
At the same time, just like with divorce, you must meet a list of requirements for the court to grant a decree of legal separation. In Arizona, these requirements are:
- At least one party lives in the state;
- Your marriage is irretrievably broken;
- If you live in a covenant marriage, any of the grounds for the dissolution of covenant marriages apply;
- Both partners agree to the legal separation (if not, you can still apply for divorce).
In terms of applying for legal separation, this process does not differ from filing for divorce. You should file a Petition with the court and serve the documents to the responding party. Then, your request will be processed following the Arizona Family Law Rule of Procedure.
In legal separation cases, spousal maintenance, child custody, and division of marital assets are handled the same as during dissolution of marriage. From the perspective of finances, you and your spouse have the opportunity to continue filing taxes jointly or do it separately, depending on the terms of the separation agreement.
Divorce in Arizona
As mentioned above, marriage termination has a variety of similarities with legal separation, except for the legal status of the marriage. The divorce process does not significantly differ from the process of applying for legal separation. Still, let’s take a look at the specific features of marriage dissolution in Arizona.
Residency Requirements
The application for divorce can only be accepted in Arizona if at least one of the partners has been a legal resident of the state for a minimum of 90 days before filing.
Types of Divorce
Presently, Arizona is considered a purely no-fault divorce state, which means that there is no need to prove the fault of the other spouse to justify marriage termination. Simply put, adultery, abandonment, domestic violence, imprisonment, and other traditional allegations do not determine the type of marriage termination you can get. However, marital misconduct can significantly affect divorce-related issues, such as child custody and spousal support.
At the same time, this state defines two categories of marriage dissolution: uncontested and contested. If the parties can’t reach an agreement on the divorce terms, their case will be contested. Typically, it is a more expensive and time-consuming way of ending a marriage, although sometimes it is unavoidable. In contrast, an uncontested divorce can be granted if the couple has resolved all major issues.
During a contested divorce, each partner needs a lawyer who would protect their interests in court. Simultaneously, an uncontested divorce can be processed without the involvement of an attorney. For instance, to simplify this process, you can use the services of an online divorce company for divorce forms preparation.
It takes just a few business days to get up-to-date divorce papers for your uncontested divorce using online providers. In addition, it can be cheaper than hiring a lawyer to complete documents. Attorneys usually charge $250-550 per hour, while web divorce companies charge a fixed price for a completed set of forms.
In total, the price of completing marriage termination documents with an attorney can reach up to several thousand dollars. Hence, if you choose a do-it-yourself marriage termination, you can consider services offered by online divorce platforms to save time, money, and nerves.
The Filing Process
In Arizona, both legal separation and divorce require that you file an initial complaint, serve your spouse, and present your case to a judge in a final hearing.
Conclusion
If you have decided to end the marriage, filing for divorce might be the best option to achieve this goal. However, if you aren’t sure, think about legal separation.
Before making any decision, you should consider all potential effects on your family relationships. For example, under legal separation, people living apart have the opportunity to reconcile and take appropriate measures to save the family.