What You Need to Know About Legal Separation in Phoenix & Scottsdale, AZ
(480) 219-2433A 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.
Schedule your consultation and meet with our team to create a customized game plan and move forward confidently.
Best Law Firm has seen new challenges while assisting families with divorce and child custody during the pandemic. Courts are open and law firms have been deemed essential services, so we are also open and exercising all safety precautions. If you have any questions or would like to schedule an attorney consultation by video or phone, please call us at 480-219-2433. We have provided updates and useful information about the rapidly evolving situation and how Coronavirus is directly impacting custody and divorce issues in Arizona. Please stay safe during this difficult time and know that we are here to help.
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Divorce = Single or Head of Household
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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.
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.
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.
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.
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.
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.
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.
Yes, this can be taken care of in a prenuptial agreement or post-nuptial agreement.
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.
Schedule your consultation and meet with our team to create a customized game plan and move forward confidently.
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