Divorce and Separation in Phoenix

A Phoenix divorce law firm that approaches the difficult process of marriage dissolution can also help manage the transition period, from an intact marriage through separation and possibly divorce. But separation is not a straight, linear path—some couples reconcile and others seek a relatively expedient divorce without a protracted separation period, because they agree on the course they want to take.

This illustrates a very important point. Every marriage is different as are its members. Whether it is separation or divorce, in Phoenix marital dissolution should be managed closely by expert legal counsel. Each case has many variables and every decision is of great impact.

Differences between legal separation and divorce in Phoenix

First, understand the differences, as defined in Arizona law and applied in Phoenix, between divorce and separation, in how they may apply to your situation:

Legal separation: Establishes in writing the terms of the separation regarding property, child custody, and possibly spousal maintenance. A separation generally includes the following:

• Duration of months or years that provide breathing space between a difficult cohabitation in marriage and what might be a final solution, divorce
• The process might lead to divorce, serve as a time when divorce is considered, or result in a reconciliation
• Best managed with a legal document, a Marital Separation Agreement
• Defines issues including property and debt division, spousal support, child custody and visitation, child support, insurance, and dozens of additional concerns

Divorce: Dissolves the marriage, establishes division of property assets and debts and defines child custody, child support, and spousal maintenance. Divorce can be pursued in different forms:

• Uncontested—both parties agree on all terms and present them to the court for its ruling. If the settlement agreement is asymmetrical (with one spouse seeming to achieve an unfair financial advantage), the judge is empowered to override the agreement and establish different terms.

• Contested—parties disagree on one or several terms and ask the court to decide for them. This type of divorce, while common, is generally the most emotionally draining and expensive for all parties.

• Collaborative or mediated—neutral parties are called in with expertise in counseling, finance, and child welfare to find an amicable agreement to the greatest extent possible. This solution requires that both parties agree to the process at the outset and seek equitable and fair terms, largely abandoning an "us versus them" attitude.

The Phoenix divorce law firm of Ronald A. Saper, P.C. specializes strictly in separation and divorce, leading clients through the process in the most humane way possible. Contact us today.