Benefits of Legal Separation in Arizona | Hildebrand Law, PC
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If you have decided you need to end your marriage, you may be wondering what the advantages of a legal Separation are in Arizona.
One of the first decisions you need to make is whether to file for a legal separation or a divorce. The answer to that question depends on your particular situation.
The Advantage of a Legal Separation in Arizona
When it comes to ending a marriage, many couples will jump to the most obvious resolution they can think of: divorce.
On the surface, divorce may seem cut and dry, but it can lead to headaches, frustrations, and a maze of paperwork, court proceedings, and expenses.
Not only will you have to deal with the technicalities and formalities, but the aftermath can lead to social and familial struggles, as well as eliminating some of the financial benefits that come with marriage.
Fortunately, there is a way to end the marriage while still maintaining some of the advantages that come from being wed.
Considering legal separation might appear to be a crazy option for some couples, but it can be highly advantageous given the right circumstances.
Today, we will highlight some of the benefits of opting for legal separation over a divorce.
If you are considering this option, be sure to reach out to the family law professionals at Hildebrand Law, PC to get the proper help.
A Legal Separation in Arizona Gives You Options
A legal separation can take several forms.
A legal separation in Arizona ends all joint ownership of assets and debts without terminating the marriage entirely.
Some spouses either are not convinced that a divorce is right for them or want to ensure they are making the right choice when opting for a separation or divorce, and legal separations give them the luxury to explore the option.
Physical Separation Versus a Legal Separation
If you are considering only a physical separation without going through the legal separation process in court, it is a good idea to obtain a legal separation agreement regarding the trial period to reduce and mitigate any potential risks regarding your finances.
Disagreements regarding which bills will be paid by which spouse, who will have the use and possession of cars and homes, and where the paychecks will be deposited can create conflict and, thus, push the legal separation even closer to a formal court ordered legal separation in Arizona
Reaching A Legal Separation Agreement Eliminates the Need to Appear in Court
A legal separation agreement reached between two spouse can be submitted, along with a Decree of Legal Separation, to the court. If the judge approves the legal separation agreement, he or she will sign the Decree of Legal Separation without either spouse having to appear in court.
A legal separation also leaves the door open for reconciliation and resuming the marriage. However, the final divisions of property and debts approved in the Decree of Legal Separation still apply.
It may be a solution for couples who want to live apart, but stay married for religious reasons. In some cases, it may be done to maintain insurance coverage if permitted by the policy.
When you consider the benefits, it may makes more sense to choose to file for legal separation over a divorce in some situations.
The legal separation also allows the parties involved to set out the terms of their divorce, before divorce proceedings even start, through a binding separation agreement.
If they later decide to proceed with a divorce, the divorce decree and accompanying documentation may take over where the legal separation agreement left off; although this is not guaranteed regarding family support duties.
Legal Separation in Arizona Because of Religious Beliefs
In certain religions, divorce is forbidden or simply not recognized.
Some religions may even make it a policy to excommunicate those who pursue divorce; particularly if an individual eventually remarries.
Couples who have to consider these religious consequences will often find themselves leaning towards legal separation over divorce in order to meet their needs to live apart from their spouse without acting in opposition to religious beliefs that are opposed to divorce.
The U.S. Census Bureau’s 2006 statistics indicate that 14% of couples that are legally separated will eventually reunite with their spouse.
So, legal separation, in fact, provides couples with beliefs against divorce with the perfect combination: an independent life, acceptance in their religion of choice, as well as a chance of reuniting with their spouse.
Religious and cultural beliefs are often a large, foundational piece of any marriage.
Sometimes, when a couple elects to end their marriage, the family law and other legal obligations are only part of the equation.
Whether their religion is one that frowns upon or entirely prohibits a divorce, or someone’s cultural background looks at divorce as something disgraceful.
Not only could a divorce mean more financial burdens, but it could lead to conflicts within families or the communities in which you are hoping to seek refuge.
Rather than suffering through something like a failing marriage only to avoid social repercussions, the answer can be as simple as choosing a legal separation instead of divorce.
Because the spouses are not divorced, a legal separation negates some of the stigmas of divorce and consequences related to religious beliefs.
Arizona Legal Separation Attorneys
If you have questions about benefits of legal separation in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona legal separation and family law attorneys have over 100 years of combined experience successfully representing clients in legal separation and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona legal separation or family law case around today.
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