Arizona Family Law - Legal Separation

A Legal Separation in Arizona is when two people wish to remain married but want to sever the legal responsibilities of their marriage.  A Legal Separation trial is viewed by the courts as being exactly the same as a Dissolution of Marriage, or what is commonly called a divorce.  Everything that is addressed in a divorce such as Spousal Maintenance, Child Custody, Child Support, Community Waste and Division of Property is also addressed during a legal separation.  Working with an experienced and compassionate Arizona Divorce Attorney is your best possible chance to maximize your success during this process.

Legal Separation Process

Just as with a divorce, the legal separation process begins when one member of the marriage files a petition with the superior court and serves the petition on their spouse.  It is important to use either the Sheriff's department or a process server to accomplish this so they can provide you with an affidavit of service to present in court.  If the couple is entering into the legal separation willingly then they both will submit settlement agreements to the court.  Couples who cannot come to an agreement in this matter will have their case set for trial.

At any time before the final order is issued by a judge, the couple can both agree to dismiss the case.  It is also important to note that either person can ask for the legal separation proceedings to be changed to a divorce.  Once this is requested, the court is required to hold a divorce trial.

Requirements

Requirements for Legal Separation are almost exactly the same as the requirements for a divorce in the state of Arizona.  Arizona Revised Statute 25-313 covers the requirements as outlined below:

1.  One spouse resides in Arizona at the time of filing.

2.  Arizona Conciliation Court provisions have been met.

3.  The marriage is irretrievably broken.

4.  One or both parties wants to live separately from the other.

5.  Provisions have been made for child custody, child support.

6. Provisions have been made for spousal support.

7.  Matters of division of property have been considered by the court.

It is important to note that the court is required to make every effort to preserve the marriage if one person feels the marriage can be saved.  In that case, you may have to go through mediation or conciliation court before the court will rule on your legal separation.