How to File for Legal Separation in Arizona
To be legally separated in the State of Arizona, at least one spouse alleges that they prefer to live separate and apart from their partner. In many marriages, this may be the case for people who no longer wish to stay together, without a divorce. A legal separation in Arizona is similar to a divorce, but there are significant differences to consider before choosing to file a legal separation. Cosmas Oniya is a legal separation attorney Phoenix residents trust to help solve their cases. We will work closely with you to find a solution to your circumstances.
How to File for a Legal Separation
Legal separation is obtained in the same format as a divorce. The initial petition is filed with the Superior Court and that petition is served to the other spouse. However, the big difference in serving the other spouse with a legal separation petition is that both spouses must agree to legal separation, whereas in a divorce, agreement between both is not required.
Once the petition has been served, the parties have the opportunity to finalize the separation in one of two formats. First, if the couple agrees on the separation and has no significant issues with one another in regards to division of their assets and custody of children, then they may submit a settlement agreement that resolves all of the issues in their case. The second stance is when there are issues present between both parties and they require the experience and knowledge of a judge to resolve the division of assets, custody, child support and visitation fairly.
Once legal separation is finalized, the two parties are no longer responsible for the other spouse. However, legal separation does not allow either party to remarry until they file for divorce.
Benefits of a Legal Separation
There are numerous personal reasons why Arizona marriages end up in legal separation, as opposed to divorce. The most common reasons why couples opt for legal separation may be due to religious principles preventing divorce, immigration issues, or reasons related to maintaining health insurance coverage.
Some religious faiths do not allow spouses to go through a divorce or limit the reasons for doing so. This then allows the opportunity for either party to live separately without going against their religious restrictions.
In Arizona, there have been many marriages that may hold legal ramifications for divorcing their partner who immigrated to the United States. In order to avoid such limits and consequences, the pair is capable of legally living separately and the immigrated partner may legally remain in the country.
One of the spouses may be dealing with significant physical or medical conditions that would not allow them to maintain health insurance coverage if they were divorced. Instead of revoking coverage from your spouse you have the opportunity to live separately and with continuous health insurance coverage for both of you.
Contact Cosmas Oniya, P.C. – Legal Separation Attorney
At my law firm, I understand that legal separation cases can be a very emotional time for either spouse, as well as children if they are present. If you are searching for an experienced and reputable Arizona family law attorney for legal separation in Phoenix or Glendale, then do not hesitate to contact my law firm online. Call my office today to schedule your free initial consultation at (602)265-5200.