Counseling You on Separation From Your Spouse
Legal separation is an option that is available in Arizona for married people who do not want to continue their relationships but also do not want to get formally divorced. It sets out each spouse's legal rights and responsibilities so that they will be clear and enforceable.
I'm attorney Kyle Scoresby, and I have been practicing divorce and family law for more than 20 years. My staff and I at Scoresby Family Law in Scottsdale and Mesa can help you decide whether to file for legal separation and guide you through the process. Contact us today to set up a consultation.
Understanding Why People Get Legally Separated
In Arizona, legal separation is a process that resolves all of the same issues as a divorce — including property division, spousal maintenance, child custody and child support — but without legally dissolving the marriage. Common reasons for legal separation include:
- You are opposed to divorce on religious grounds but want to clarify your and your spouse's legal rights while you are living apart.
- You and your spouse do not want to continue your relationship, but you want to continue sharing spousal benefits such as health benefits.
In order for a legal separation to be approved by the court, both parties must agree that they want to separate. Otherwise, the separation case will become a divorce case. To avoid unanticipated consequences, you should talk to a lawyer before filing for legal separation.
Evaluating Your Options for Achieving Your Goals
Many people express interest in legal separation because they believe it will be easier, faster and less costly than divorce — but since all the same issues must be resolved in separation cases as in divorce cases, the procedures are actually very similar.
Another major reason people consider legal separation is because they want to live apart for a while but leave open the possibility of reconciliation. In situations such as this, however, it may be more efficient to make use of postnuptial agreements or other alternatives.
Don't hesitate to contact me to discuss whether legal separation is right for you and what other options may be available for you to meet your specific goals.
