Legal Separation
A partial or qualified divorce by which the community ends for purposes of community property, assets and debts are split, and child decision-making, parenting time and support is determined, but the parties remain technically A.R.S. 25-313: A decree of legal separation shall be entered into if: (1) one of the parties, at the time the action was commenced, was domiciled in this state, (2) the conciliation provisions of A.R.S. §25-381.09 and the provisions of Article 5 either do not apply or have not been met (3) the marriage is irretrievably broken or one of both of the parties desire to live separate and apart, and (4) the other party does not object to a decree of legal separation. It can be temporary or for an unlimited period of time. It is a legal decree which is issued when the judge determines that there is an irretrievable breakdown of the marriage, or that one spouse desires to live separate and apart from the other spouse. The benefit of the legal separation is that it still leaves open the possibility of reconciliation, and it protects both spouses from the others future debts. One spouse files an objection to the legal separation, it will then be amended to a Petition for Dissolution of the marriage and the divorce process begins.
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Scottsdale, Arizona 85253
