5 Tips for Filing Your Legal Separation in Arizona

If you are not yet sure whether or not to divorce, you may wish to consider legal separation. This is a means of separating from your spouse without actually ending your marriage. In some cases, it may be easier for one spouse to move forward with a divorce while the other spouse needs more time to make the decision. If you disagree about how to raise your children after the separation, this option may also be useful as temporary relief from conflict.

Legal Separation vs Divorce: What’s the Difference?

A legal separation does not end your marriage and does not allow either party to remarry. In fact, many people who have obtained legal separations later go on to seek divorces because they change their minds about wanting to stay together or because they decide that they need additional support from the court system during an already difficult time like divorces proceedings.

If you're seeking Arizona legal separation, it's important to know your rights and responsibilities. The following information will help you navigate the Separation process:

Here are five tips for filing for Legal Separation in Arizona:

1. Know whether you can file for Arizona legal separation. You can file for Separation in Arizona if:

You've lived in the state for at least six months before filing your petition; or

You've lived in the state for less than six months but your spouse lives in Arizona or has been served with notice of the proceedings

2. Gather all necessary information and documents. Make sure that all of your paperwork is in order before heading into court. You should have copies of all relevant documents such as birth certificates, tax forms and deeds for any real estate owned by either party. All of these items must be brought into court with you when filing for Legal Separation in Arizona, so make sure they are ready beforehand!

3. Choose a venue for your case based on which county has jurisdiction over where your spouse lives or works (or both). This is important because where a case is filed can affect how long it takes before being heard by a judge as well as how much it will cost if there are any issues that arise while waiting for trial date(s). 

4. Arizona law does not recognize legal separation as a form of Separation. If you and your spouse want to end your marriage but are staying together for religious or financial reasons, you and your spouse may enter into an agreement that will have the same effect as a legal separation. You can use our online form to create this agreement. The agreement must be signed by both spouses and notarized by a notary public.

5. Legal separation is not the same as divorce. A legal separation allows you and your spouse to live apart and make decisions for yourselves separately, but it doesn't end your marriage. You can file for a legal separation if:

You want to legally separate from your spouse but don't want to get divorced; or

You believe that your spouse's behavior warrants protection from him or her, such as physical abuse or threats of harm.

If you and your spouse agree on all issues, including custody and support arrangements for any minor children, then filing for legal separation may be an option for you. However, if there are disputes over property division or other issues related to the divorce process, filing for a divorce may be preferable.

Simply filing for legal separation in Arizona does not mean you are still married. However, legal separation does not end a marriage either. It can protect you from your spouse during difficult times and give you more control over a divorce situation. Contact us for more info.