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Disadvantages of Legal Separation in AZ | Hildebrand Law, PC

Fri 12th May, 2017 Arizona Legal Separation Laws

Legal separation cases offer some advantages to divorce in Arizona. However, there are also disadvantages of a legal separation you should consider before deciding whether to file legal separation instead of a divorce.

Even though maintaining health insurance through your spouse’s group health insurance and avoiding any religious conflict you may have with a divorce may be excellent reasons to pursue a legal separation over a divorce, there are some disadvantages you should consider before making your decision.

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

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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 are legally separated 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.

This means you cannot get remarried. This can make legal separation less desirable than a divorce to couples who have intentions of moving on from their 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 to getting a legal separation.

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Just as Much Complexity as You Will Find in 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 the division of assets and debts have to address, other things, such as, child custody, child support and alimony are also calculated and ordered. With this, it becomes apparent that the work involved in getting a legal separation can be just as much work as getting 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 legal separation can bring even more work if the legal separation is later converted to a divorce.

Disadvantages of a Legal Separation in Arizona.

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 legal separation only to find yourself filing for divorce later down the line is unnecessary and could cost you more than it saves.

An informal separation may be far more useful and save you from unnecessary expenditures. The disadvantage of an informal separation, though, is that you are still equally responsible for the debts your spouse incurs and your spouse is still entitled to half of the assets you continue to accumulate.

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 divorce or legal separation.

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 have questions about disadvantages 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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