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Legal Separation in Arizona

What You Need to Know About Legal Separation in Phoenix & Scottsdale, AZ

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What is Legal Separation?

A legal separation is a Court order that allows spouses to remain married but not be legally bound to each other financially; the order will divide the parties’ assets and debts and allow each party to keep whatever asset and debts they acquire after the legal separation. It is basically the process of a divorce through the division of assets and debts but staying married at the end of it.

Legal Separation VS Divorce

Why People Choose Legal Separation

What To Know About Legal Separation

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Differences Between Legal And Separation And Divorce

Divides assets and debts acquired during marriage.

Legal Separation = Yes

Divorce = Yes

 

Ends “marital community”.

Legal Separation = Yes

Divorce = Yes

 

Determines spousal maintenance.

Legal Separation = Yes

Divorce = Yes

 

Determines child custody.

Legal Separation = Yes

Divorce = Yes

 

Determines child support.

Legal Separation = Yes

Divorce = Yes

 

Tax filing status after.

Legal Separation = Single or Head of Household

Divorce = Single or Head of Household

 

File Taxes Jointly.

Legal Separation = No

Divorce = No

 

Spouse can accumulate social security benefits from other spouse.

Legal Separation = Yes

Divorce = No

 

Spouse can remain on other spouse’s health insurance.

Legal Separation = Yes

Divorce = No

 

Both parties must agree.

Legal Separation = Yes

Divorce = No

 

Can remarry.

Legal Separation = No

Divorce = Yes

 

Frequently Asked Questions About Legal Seperation

What is legal separation?

A legal separation is the Court process by which spouses can choose to remain married but may choose to end their community property relationship, divide their assets and debts, and determine spousal maintenance, child custody, and child support.

If my spouse moves out, are we legally separated?

No. Legal separation refers to going to Court to actually be declared legally separated. The spouses merely moving into different homes is not a legal separation.

My spouse and I separated five years ago and have lived apart ever since. We do not do a legal separation or a divorce. Am I financially responsible for my spouse’s debts?

Legally, yes. For example, if your spouse ran up a large credit card debt and cannot afford to pay the bill, the credit card company could (and most likely will) come after you.

Can we be legally separated without filing in the Court?

No. Legal separation requires a Petition for Legal Separation be filed with the Court, and for the Court to issue a Decree of Legal Separation.

Is a legal separation cheaper than a divorce?

Not really. The same issues that need to be decided in a divorce need to be decided in a legal separation. The process of litigation for divorce and legal separation is pretty much identical.

Once we are legally separated, can we still file taxes as married?

No. Once you are legally separated, you cannot file taxes as married. This applies to both the status for married filing jointly and married filing separately.

If I am legally separated but cannot file as married, what tax status can I claim?

Likely, you will be filing as single. You may qualify to file as head of household if you have a qualifying dependent living with you six months out of the year and you are primarily responsible for your living expenses. If you are considering file as a head of household, we recommend speaking with a tax accountant or tax attorney to see if you qualify.

Can I terminate the marital community without filing for divorce or legal separation?

Yes, this can be taken care of in a prenuptial agreement or post-nuptial agreement.

On what date does the marital community terminate?

As with a divorce, the marital community terminates on the date the Petitioner (the spouse who filed) serves the Petition for Legal Separation on the other spouse so long as the petition results in a divorce, legal separation, or annulment.

We have helped thousands of clients successfully navigate their family law matter.

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18+

Years In Business

100+

Years of Combined Experience

Family Law Success Stories

Best Law Firm has helped thousands of families during the past 18 years. We help families through negotiation, settlements, mediations and court litigation when necessary. The goal is to resolve issues with the least amount of money and stress and only use court litigation as a last resort. Every family we meet is important to us so we would like to share just a few of our success stories with you.

We represented an unmarried father and were able to reunite him with his 4 year old son after the mother secretly moved him to Florida.

We represented a mother and were able to require the father to undergo therapy before he could have any parenting time with his three daughters who he had been physically and emotionally abusing. We had a certified domestic violence expert testify in the case.

We represented an unmarried mother and were able to reunite her with her 2 year old daughter after the father took the child in secret without permission or a court order.

We represented a husband who had a large estate and the wife wanted assets greater than their prenuptial agreement allowed.

We represented a wife in a long term marriage to obtain the spousal maintenance that she was due.

We represented the husband whose wife violated their divorce decree's spousal maintenance agreement by living with her boyfriend.

We represented an unmarried mother and were able to obtain a large child support order from the father who was a professional athlete and it was upheld on appeal. (Murphy)

We represented an unmarried father and were able to fight abuse allegations filed against him and get a court order for 50-50 parenting time for his 2 children.

We represented an unmarried father and were able to defend him against false allegations and obtain a court order where he was named primary custodial parent of his 3 year old son.

We represented a mother who lived in Italy whose teenager was unlawfully kept in Arizona after summer visitation by the Father. It was ordered for the child to return to his mom in Italy.

We represented a father whose 2 children were taken to Kansas after their divorce was filed in Arizona and the court ordered them to be returned.

We represented a father who lived in Texas and fought for primary custody of his daughter who lived in Arizona. The daughter was able to move to Texas because of the mother's abuse and neglect.

We represented a Canadian mother whose husband attempted to get a divorce in Arizona where he could keep the kids. Mother had no long term visa and would have lost her children. Tali Collins was a "friend of the court" and was heard at a Canadian hearing on the same matter that had been filed in BC.

We were the mediators for a mother who wanted to keep the community house (and equity) and the father who wanted to keep his community retirement. We were able to craft an agreement where she received more spousal maintenance up front which the husband agreed to pay to keep the community retirement he had earned.

We represented two ER doctors and mediated their parenting agreement which was drafted to help each doctor have the maximum time with their son.

We represented a father who was a doctor and obtained sole custody of his two daughters after the mother had a worsening mental illness.

We represented a father whose former wife attempted to enforce an out of state child support arrears calculation that was incorrect. We also won the case on appeal. (Glover)

We represented a mother and successfully protected against potential kidnapping by the father to a non Hague country, the UAE. The parenting time order put in safety measures and supervisors to protect the daughters.

We represented a father from Japan to obtain a parenting time order for his young son.

We represented a father to severe the rights of the mother with their two daughters after the mother was imprisoned for criminal abuse against them.

We represented a father and were able to negotiate a parenting plan with joint legal decision making and a 50-50 parenting plan for his son.

We represented a divorced couple against the grandmother who wanted visitation time with their daughter against the parents' wishes.

We represented a married couple and negotiated visitation with a former mother in law, grandmother to their son/step son.

We represented grandparents and negotiated parenting time with a previously estranged father of their grandson.

What Our Clients Say

Our experienced team at Best Law Firm has helped thousands of clients. See what some of them have to say about working with us.

J.S
Divorce Mediation

“Ms. Best resolved my spousal maintenance issue with my husband and his attorney in two hours. She accomplished what the lawyers could not do in 9 months of litigation. I am very grateful for her help.”

B.W.
Divorce With Children

“We hired this law firm to represent our son in trying to get joint custody. They did a fabulous job keeping us informed as to their plan each week.  I have to say I do not think my son would be enjoying his daughter right now with his 50/50 custody if it was not for this law firm.”

T.N.
Custody And Father's Rights

“You are the Best, before I retained counsel, I was not able to see my children and did not know what rights a father had in Arizona. I now have joint legal and physical custody. Thank you for all that you have done for my family.”

R.C.
Divorce Mediation

“Thank You! Thank you! Thank You! Thank you for getting my son what he deserves! Thank you for finally ending this 9 year chaos…I slept like a little baby last night! You are all GREAT!”

MM
Family Law

I’ve used Best Law Firm twice now. Excellent communication skills, rapid responses, and they know EXACTLY what they are doing. They look out for you.like one of their own and do everything they can to keep your case cost effective. Highly recommend!

J.G.
Family Law

“The service provided at ‘Best’ was beyond exceptional. The staff at ‘Best’ were professional, going above and beyond their normal duties to help me. I would sincerely recommend ‘Best’ for anyone looking for help with their families legal matters.”

B.H.
Family Law

“I have worked with Best Law Firm on two issues in the past 12 months. Their service is exceptional and the quality of their attorneys is second to none! So, their name (Best) is truly appropriate! I would recommend their legal services to anyone!”

C.J.
Divorce With Children

Thank you for the excellence in your craft and communication each and every step of the way, for the care, for helping me to be brave and strong in holding someone accountable for their wrongdoings, for helping my sons and me to receive the best possible scenario out of the worst situation of my life.

TM
Family Law

“Alan was very professional and quick, he had our paperwork done the same day. When I called him to follow up I was able to speak with him then.  Highly recommend Alan, he’s very easy to talk to, he’s very knowledgeable, and he means business.”

 

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Contact Information

7025 N. Scottsdale Road, Suite 303
Scottsdale, Arizona 85253