Maricopa County Legal Separation Attorney
The Belt Law Firm in Scottsdale, Arizona has extensive experience providing resolutions to complicated family law issues, including legal separation. We understand the complexities of the various issues involved in your legal separation. Scottsdale Family Law Attorney John Belt has over fifteen years of experience and can discuss your situation, your goals, and your expectations in terms of legal separation. He can also explain how legal separation differs from Arizona divorce, or dissolution.
Two Types Of Legal Separation
There are basically two types of legal separation, separation by contract and separation by court action:
- Separation by Contract: If both parties decide to live apart for a while, but do not want to involve the court, the parties can prepare and sign a Separation Agreement. This contract can divide the marital assets and debts, provide for spousal maintenance and child support, and outline a custody and visitation arrangements.
- Separation by Court Action: A person can also file a legal separation case with the superior court. Unlike filing for divorce, there are no length of residency requirements. And you can later convert a legal separation into a divorce.
Arizona Legal Separation
Arizona legal separation procedures are almost identical to divorce proceedings. Similar to a divorce case, the court in a legal separation case is required to divide the parties’ property and debts, enter orders providing for the care and custody of the parties’ children, enter orders for child support, and, if appropriate, enter orders for the support of a spouse, often referred to as spousal maintenance. After the court enters the Decree of Legal Separation, the parties’ assets and debts that they subsequently acquire will be the sole and separate property of that individual.
The most significant difference between a legal separation and a divorce is that the spouses remain married and cannot, therefore, remarry in the future without subsequently converting the legal separation to a divorce. A client may elect a legal separation in lieu of a divorce if his or her religious principles do not allow a divorce or, in some circumstances, to insure continuous access to health insurance through the other spouse’s group health insurance plan.
Scottsdale Legal Separation Attorney: Call 480-837-3600
Contact Belt Law Firm now to discuss your legal options pertaining to Arizona Legal Separation. We are committed to providing practical and effective solutions for our clients seeking legal separation. Whether looking to have and attorney prepare your Separation Agreement or looking to file a Legal Separation action with the Court, Scottsdale Family Law Attorney John Belt will explain your options and educate you about your legal rights.
