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Differences between divorce and legal separation in AZ
In Arizona you can find little difference in the process between legal separation and outright divorce. Filing for divorce or filing for separation takes about the same amount of time.
Legal documents for divorces and separations
- Petition for legal separation or for divorce
- Consent decree or order from the court
- Affidavits to support petitions
Community property
The divorce and separation processes both envision property division. After separation proceedings, the spouses are still married “on paper” although physically and financially separated. They retain some benefits of marriage while shedding some disadvantages. Division of debts and assets, parenting time, and spousal support are issues that can be resolved by a court’s order.
People are worried that divorce will cause them to lose tax benefits, employment benefits, and life and health insurance. With a legal separation in Arizona, the couple can retain some of these advantages of remaining together “on paper.”
Converting separation into divorce in AZ
If the process becomes adversarial and the spouses can’t agree, then it may be necessary to work with an attorney.
If no further action is taken after separation, upon the passing of either spouse the marital relation is legally ended. There’s generally no need for the surviving spouse to go to court, since the separation proceeding will already have resolved any issues.
The right legal documents for separation in AZ
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