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Arizona law allows married couples to request a legal separation instead of a divorce. If you have been a resident of Arizona for at least 90-days, you can file a petition (request) for legal separation (with or without children), in the county where you reside.
If you dont see any financial benefit from a legal separation and are certain you want to end your marriage, it might be best to go straight to a divorce. Otherwise, youll spend time and money getting a legal separation only to have to go through the process all over again to get a divorce.
The primary difference between divorce and legal separation, though, is that at the end of legal separation a person cannot remarry. Generally, a long separation does not cause a person to lose his or her rights. But it can diminish certain legal arguments, such as the need for spousal support.
While a divorce legally dissolves the marriage, a legal separation is a court order that mandates the rights and duties of the couple while they are still married but living apart.
If you and your spouse resume living together as a couple after signing a separation agreement, the law permits the court to void the agreement. However, if your separation agreement includes a reconciliation provision that says it will remain in effect after reconciliation, the court will honor it.
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you and your spouse have been living separately continuously for at least 1 year from the date that your legal separation was issued (if you received one); your spouse habitually abuses drugs or alcohol; or. you and your spouse both agree to the divorce.
Its a Faster Decision The court decisions made in a legal separation are made almost immediately, while the details of a divorce can be drawn out for months or even years. The decisions made may not be ideal for either person, but it does provide a vantage point so that each person can move forward.
With legal separation, all marital assets and debts are equally divided between the parties. In Arizona, assets and debts acquired during the couples marriage are presumed to belong to the community.
The biggest difference between separation and divorce is that a separation leaves a marriage legally intact while a divorce terminates the marriage. Divorce is permanent, and a divorce order is extremely difficult to appeal.
Legal Separation Costs The Arizona Judicial Branch under Supreme Court Filing Fees states the cost for a petition for legal separation is $349 and the initial appearance or response to the petition costs $279.

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