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Disadvantages of a Legal Separation in Arizona

Posted on : May 12, 2017, By:  Christopher Hildebrand
Disadvantage of a Legal Separation in Arizona

Disadvantages of a Legal Separation

Recently, the team at Hildebrand Law, PC has taken the time to explore what goes into a legal separation, what differentiates it from filing for divorce, the advantages spouses can get from taking this route, and what benefits a couple can find in a legal separation. While the benefits can make sense given certain situations and lifestyles, sometimes the separation agreement is less than agreeable for some spouses.

Even though maintaining health insurance might be an excellent draw and there are no conflicts with any personal, religious, or cultural beliefs by getting a divorce can make legal separations desirable, there are other facets of such an agreement that can deter spouses from agreeing to such an arrangement.

Disadvantages of a Legal Separation in Arizona.

Disadvantages of a Legal Separation in Arizona.

Today, the Hildebrand Law, PC team wants to take a look at some of the potential disadvantages involved with legal separation agreements and why you may want to consider an alternative. If you need help with a family law matter or have questions regarding separation agreements, give the team at Hildebrand Law, PC a call.

A Legal Separation Renders You Unable to Remarry

The nature of a legal separation is to eliminate most of the obligations of a married couple while keeping the essence of the vows and legal side of marriage intact. This means that, although separated, couples that have completed a separation agreement are still betrothed to one another. Though the spouses may have some agreement regarding their respective romantic lives, a legal separation does not end the marriage in its entirety.

This means you cannot get remarried. This can make legal separation less desirable to couples who have intentions of moving on from the current marriage, even if they find themselves benefiting in other facets of their life. The ability to marry again means the capacity to move on for some, and this can be a strong deterrent for legal separation.

Just as Much Complexity as You’d Find with a Divorce

Legal separation is often the sought-after option for couples seeking a way to maintain some marital benefits without the relationship. Because of the complexity involved, there will be a lot of proceedings, legal counsel, and paperwork. Not only do assets, debts, and credits have to be addressed, the property must be divided amongst the spouses accordingly, and things like child custody and alimony are also calculated and ordered. With this, it becomes apparent that the work involved in setting up a legal separation agreement can be just as much, if not more than what is required for a divorce.

It is important to understand that a legal separation does not mean you get off the hook with the work and complexity that comes with filing for divorce. In some cases, filing for a legal separation can bring with it, even more, work, something that might be less than appealing for couples.

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I was a client of Attorney Kevin Park for the dissolution of a divorce in 2016. And since I had never had the need to hire an attorney before for any purpose, I was somewhat apprehensive of the process. But the very calm and professional demeanor of Mr. Park eased my fears. He adeptly answered all my questions and I clearly knew the process and what to expect. And the skilled manner he communicated with opposing counsel was perfect. When it came down to negotiating with my spouse’s counsel, I knew I had selected the best attorney for my situation. What I noticed and appreciated was that he was using just the right amount of pressure with opposing counsel as was necessary. If you find yourself in this situation, you will want a seasoned professional like Mr. Park on your side. I'm very grateful that he was my attorney and not the opposition!
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I feel that Tracey Van Wickler is certainly one of the best family lawyers around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.
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21:20 02 Apr 18
I have worked with Hildebrand law for about 8 years. They are always ready to serve, provide guidance and give you a few options. When they provide you options they also take the time to walk you through the pros and cons of each and give you a recommendation of what is best, but will listen to you and support whatever course you choose after making and educated choice. I’d recommend them to my closest friends and feel Chris Hildebrand is now a friend to me.
Larry Flint
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21:53 27 Feb 18
Despite the unfortunate situation I found myself in, Chris Hildebrand @ Hildebrand Law helped me maneuver every step with professionalism, expertise, and even a sensitivity that was an added bonus.Chris and his staff helped me even when I didn't know I needed the help. In other words. . . they made sure we did not leave anything undone. And in the rare instance we needed the expertise of another professional, Chris knew exactly who to recommend.Chris also knew, because of his experience, what to anticipate down the road of litigation. That meant we were better prepared to meet the challenges head on, which lead to a more equitable and fair outcome. I appreciated that Chris did his best to meet my every need in a timely fashion, even if I had a simple question that required only a phone call or e-mail or if we needed to talk face-to-face.I highly recommend Chris Hildebrand @ Hildebrand Law, PC.
Sam Franchimone
Sam Franchimone
22:09 12 Sep 13

A Legal Separation May Not Be Necessary

It is not uncommon for couples to find themselves wondering what they can do to save their marriage before they settle upon divorce. In those cases, they often believe that a legal separation is an answer. Rather than seeing it for what it is, many couples have an understanding that separation is like a trial run that precedes divorce. While a trial separation can certainly serve this function, filing for a full legal separation, only to find yourself aiming for a divorce later down the line is unnecessary and could cost you more than it saves.

An informal separation can be far more useful and save you from unnecessary expenditures. A legal separation agreement is not a replacement for something like marriage counseling, or the clarity an informal separation may provide. While it might seem like the right idea at the time, the potential doubling up on court proceedings, paperwork, and legal fees alone is less than desirable. Time and money can be saved if you and your spouse figure out the best course of action before making any decisions regarding a divorce or legal separation.

Different Cons of a Legal Separation in Arizona.

Different Cons of a Legal Separation in Arizona.

Be sure to explore other avenues that can give you and your spouse clarity and assurance on your decisions before pulling the trigger. A legal separation is an option for couples who seek to maintain some of the legal and financial benefits that come with being married. While things like tax credits and the ability to keep insurance are great, sometimes a legal separation can be more trouble than it is worth for couples.

If one or both spouses have a desire to get married again, for example, a legal separation does not negate the former marriage and, as such, prevents the parties from being eligible to remarry. It is also not an effective way to explore options, as there are more efficient informal methods that can save both time and money.

If you are considering getting a divorce or filing for legal separation, be sure a competent legal team supports you. The lawyers at Hildebrand Law, PC have years of experience in family law and divorce cases, and we are proud to provide Arizona residents with the legal advice they need, so reach out and discover how we can help you today. If you have a question about legal separation in Arizona, please call to speak to one of our experienced Scottsdale and Phoenix Arizona divorce attorneys at (480)947-4339.



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