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Legal Separation Attorney in Scottsdale

Is Legal Separation Right for You?

Sometimes, divorce isn't always the answer to issues that a couple is struggling with. In certain institutions, legal separation may be able to resolve issues and better serve the parties' needs than filing for divorce.

The most common cases where a Legal Separation may be an option are:

  • The parties no longer wish to live together, but for religious or other reasons, divorce is neither acceptable or an option
  • One spouse may be suffering from a debilitating illness or condition in which they need the medical coverage afforded by the other spouse's policy
  • The parties wish to continue to live together, but one spouse may have financial issues, such as a failed business or poor spending habits, and may be causing too great a financial strain and the parties need to separate financially

Lastly, sometimes at the beginning of a case, a spouse may not be sure if they want to proceed with a divorce so, they may file a Legal Separation. Usually, during the course of the proceeding, the spouse that initiated the action decides either that they want a divorce or that he/she wants to dismiss the action all-together and remain married. If a person initially files a Legal Separation and wants to convert that Legal Separation into a divorce, that conversion can be done at very little cost. Once the Decree of Legal Separation is entered by the Court, it is much more expensive to convert to a divorce.

Difference Between Legal Separation and Divorce

Legal separation in Arizona is nearly identical to divorce, with the big difference being that marriage is not actually dissolved. The legal separation process is from a legal standpoint, the same as that of divorce.

Completion of a legal separation requires:

  • The same 60-day waiting or cooling off period
  • The same disclosure of assets and debts
  • Allocation of assets and debts
  • Orders for spousal maintenance, child support and custody

You need to contact Owens & Perkins, Attorneys at Law at your earliest convenience in order to protect your rights. Schedule your free 30-minute phone consultation by calling us at (480) 630-2464.

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