Marital Legal Separation and Property Settlement Agreement where No Children or No Joint Property or Debts and Divorce Action Filed - Arizona 2025

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A legal separation can be reversed whereas a divorce cannot. If you have young children, you may wish to keep the family together legally for their sake. If youre not 100% sure you want to end your marriage, a legal separation can give you space to figure things out while still protecting you financially.
Advantages of Legal Separation in Arizona (ARS 25-313): Financial Protection: Legal separation allows spouses to protect their financial interests while still legally married, making it advantageous for those with significant debts or a difficult financial situation.
A settlement agreement differs from a separation agreement as it sets the terms for the divorce, not the separation. A settlement agreement should address all central issues of the divorce. This can include things like division of marital assets and debts, child custody, and child support, as well as spousal support.
Contrary to popular belief, legal separations are not the same thing as a divorce. If you and your former spouse went for a legal separation, then you still can legally get back with your former spouse if you reconcile with that person.
Typically, a wife is entitled to half of the community property, potential spousal support, and any personal assets obtained before marriage or received as gifts. The final distribution depends on various factors, including the marriages duration and agreements made.

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Since your marriage is still intact in the eyes of the law, you cannot remarry while you are legally separated. You will have to get divorced before you can marry someone else. If you die while you are legally separated, your ex may still have the right to receive part of your estate or retirement savings.

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