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Scottsdale Separation Agreements Lawyer

Scottsdale Separations Agreements

Separation agreements are one of the options available to couples who have decided that their marriage is no longer working and they need to find a legal remedy. Rather than just divorcing, some people will choose to go through the courts and get a Scottsdale separation agreements lawyer to assist them with drafting an agreement for separation. This is a document that both parties must agree to. It’s also important to have a better understanding of legal separation.

There are several instances where people who are married separate for any number of reasons. It could be relationship problems, difficult personal struggles, family loss or issues, and just about anything else that you could think of. Instead of trying to prevent the events that have already been set in motion, it’s time to take charge and hire a lawyer to help you navigate the process of separation.

Legal separation allows both parties to keep their insurance benefits, and some may even be eligible for social security benefits. Tax benefits keep going, and the spouses don’t have to worry about the full legal divorce or the lengthy and often difficult process. Legal separation is ideal for people who are trying to keep their finances balanced or who are hoping to eventually return to their relationship and go back to being married and together in the future. That’s why all separation agreements are short-term and don’t last forever.

What’s the Difference Between Legal Separation and Divorce?

According to Arizona law, couples who don’t wish to divorce can enter into a legal separation agreement. This will govern property, finances, debt and support, and other aspects of the relationship and the property within. Legal separation means that two people are no longer married, but they aren’t getting divorced anytime soon, either.

Divorce, on the other hand, means that the marriage has ended. It will be issued as a divorce decree and state that you are no longer married. This means that any related obligations will cease immediately, and the divorce proceedings will continue until they are completed. Divorce can take a lot of time, money, and resources, which is why some people start with legal separation first.

Rather than just separating, people can file for a legal separation that puts it on record that they are taking some time apart. This may come in handy in the future if the case ends up being divorce or if someone wants to stay married but no longer want to be together. There are several reasons people choose this option, but it’s important to understand that it is very different from divorce.

Physical Vs. Legal Separation

Another common topic is what happens to the living situation—do you stay in the home together? Does one of you move out? Physical separation is different from legal separation. It may be part of the legal separation that physical relocation occurs. If people need to be kept apart, the courts will make a note of it and make sure that there are arrangements in place.

Some people might file for legal separation but continue to live with their spouse simply because it’s affordable or because they are trying to work things out, for example. When you are filing for your own legal separation, consider all the factors that will help you decide which way to proceed.

It’s important to note that separate property is not going to be divided in this instance. If you have property from before the marriage or even property from during the marriage that was claimed as separate property, you will get to keep it all to yourself. Or your spouse will. A legal separation cannot change this. Therefore, you will need to make sure that you know what to expect and that you have proof of who’s property is who’s.

Steps to Legal Separation

The process starts by filing the paperwork for a legal separation. Then, you will need to figure out if you want to work with an attorney to get through the process. While this isn’t as complicated as divorce, it’s still a process that will take some time, and it might be a good idea to have a lawyer on your side to make sure that you get a fair outcome.

Getting legally separated requires the separation of community property, just as with a divorce. Arizona is a community property state, which means that any property acquired during the marriage is owned 50/50 by both spouses. Therefore, if separation occurs, this property division will need to happen. The legal process will then move forward, and spouses will be able to have their own say in the community property separation as well as other terms of the agreement.

Once the agreement has been filed and accepted, both people can start to move forward with their lives. Then, if they decide to get back together later, there’s less to undo. Some people might even be staying married for something like health insurance benefits, which is another way that legal separation can be beneficial. The best thing you can do is hire a Scottsdale attorney specializing in separation agreements and have them help you draft the ideal contract for your relationship.

The Bottom Line

Dealing with a legal separation is never an easy feat. Fortunately, Scottsdale separation agreements lawyers are ready and waiting to help you through your case. At the end of a legal separation, you will have to return to your spouse or file for divorce. You cannot remarry until or unless that happens. Whether there are children involved and how complex the division of assets will be are two factors that will determine how much work goes into creating one of these agreements. However, if you’re in a situation where divorce isn’t the answer, but you certainly can’t stay together, this could be the perfect solution.


Scottsdale Family Law Office

8707 E Vista Bonita Drive, Suite 155 Scottsdale, AZ 85255