Separation in Phoenix

A legal separation in Phoenix necessarily requires the engagement of a lawyer who is familiar with both the statutes of the state of Arizona as well as the emotional factors associated with marital difficulties.

A marriage time-out

For most married people in Phoenix, a separation agreement suggests surrendering to a difficult marriage. In fact, that is misleading. A separation in Phoenix is the beginning of a process that could lead to divorce, a long-term state of separation, or in some cases, reconciliation. There are too many variables with every marriage in Phoenix, and legal separation too broad a tactic, to state that any single outcome is inevitable.

A legal separation allows families to work out disagreements and manage the raising of children despite the circumstances of marriage dysfunction. In the most obvious sense, separation in Phoenix means a time-out, a period when both parties can test how they feel and function living apart. But it also helps each party to understand the financial division that will happen in a divorce. This enables both parties to understand how a divorce would affect their economics, children, and overall lifestyle.

Legal separation requirements

Arizona law requires certain conditions be met in order to grant a legal separation. These include:

• One or both parties live in the state for at least 90 days (this includes U.S. servicemen and women who are stationed in Arizona)
• The party requesting the separation states a desire to live apart from his or her spouse
• If the marriage is a covenant marriage, cause needs to be established, such as adultery, conviction of a felony, verbal abuse, physical abuse, sexual abuse, abandonment, or irreconcilable differences
• Both parties must agree to the decree of legal separation
• Both parties can agree to terms of the separation, including provisions for child care and financial support, and maintenance (alimony) of one spouse by another where necessary
• If the court finds that the property disposition and maintenance terms are unfair to one party, it can ask the parties to submit a revised separation agreement
• Establish a single date of separation to provide clear financial definition—for example, to make clear which debts were incurred before and after that date

The process of working out questions and disputes in the separation agreement are important and potentially contentious. And yet, these issues need to be managed eventually. Your Phoenix divorce lawyer is vital to this stage of the process, able to share both a legal perspective and compassion built on experience. It certainly is a difficult time, but when approached professionally, a legal separation can be the best solution for a difficult situation.

 Phoenix divorce lawyer Ronald A. Saper offers more than three decades experience in separation and divorce, leading clients through the process in the most humane way possible. Contact us for help with your divorce.