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Marital Legal Separation and Property Settlement Agreement where Minor Children and Parties May have Joint Property or Debts and Divorce Action Filed - Arizona

Marital Legal Separation and Property Settlement Agreement where Minor Children and Parties May have Joint Property or Debts and Divorce Action Filed - Arizona 2025

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The document AZ-DO-11 is a legal Separation Agreement for married couples in Arizona who are contemplating divorce. It outlines the terms of separation, including the division of assets and debts, child custody arrangements, child support obligations, and provisions for spousal support. The agreement emphasizes the importance of mutual consent, financial disclosures, and the opportunity to consult with an attorney. It also specifies that both parties must sign the document in front of a notary public and that it will be subject to court approval.

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Why would a couple choose legal separation rather than divorce?

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.

What is the disadvantage of legal separation?

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.

Does legal separation protect me financially in Arizona?

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.

Why is legal separation being discouraged?

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.

Does separation work to save a marriage?

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.