Filing for divorce is a major decision and a lengthy and expensive process. Many couples consider the process while holding out hope for a reconciliation of the marriage. Even if you’ve made the decision to get a divorce, there might be a need to legally separate while you work through the court process to finalize the divorce. RSN Law put together this article to help clarify when a couple should consider legal separation versus filing for divorce in Arizona.
Divorce Court Process in Arizona
The divorce process can be started when either spouse files a petition for dissolution of the marriage. However, both parties need to understand that it can be a lengthy process to resolve completely. It can take anywhere from 3-4 months to more than a year in some cases. Typically, the process will take much longer if children are involved and the couple cannot agree on custody and spousal support issues. If both parties can agree on all the key matters of custody, property division, and spousal support, then you can apply for an uncontested dissolution of the marriage to expedite the process significantly.
In order to start the process, there are many forms that will need to be completed and included with your petition for divorce in Arizona. The first key form is the family court cover sheet, which includes the social security numbers and personal information of both spouses. You will need to notify your health insurance provider and creditors. You will also need to submit a summons to appear and preliminary injunction with details of any restrictions on either party during the divorce proceedings. The submission to the court will be completed with a petition for dissolution of the marriage.
Once this documentation is prepared and ready to submit to the court, you will also need to serve your spouse with notice of the pending application for divorce. This can be done with a process server or certified mail. The court can approve alternate means of serving the other party if neither of those methods prove successful.
Divorce Settlement, Trial or Default Judgment
If your spouse responds and contests any aspects of the proposed divorce settlement, then the case will proceed to court. This process starts with a Resolution Management Conference with the assigned court division and judge. Both parties will be expected to present a potential resolution and proposed terms. The case is assigned a trial date if an agreement cannot be reached between spouses.
If one party cannot be reached or does not respond to the summons to appear, the party filing for the divorce can request a default judgment in the matter and they will typically be granted their full request.
What is a Legal Separation?
The state of Arizona allows either party in a marriage to file for legal separation, but both parties must consent to legal separation. In most ways, the process is similar to divorce and will require the court to approve. The filing party will need to provide a reason for the legal separation that includes the marriage is irretrievably broken or one spouse wants to live alone. You will need to address how the division of property and address child custody, if children are involved.
Legal Separation Versus Divorce in Arizona
The main difference is legal separation is intended to be temporary and provide the couple an opportunity to consider whether the marriage can be reconciled. Divorce is the permanent dissolution of your marriage. Legal separation also requires both spouses to agree to the process of separation so it must be a collaborative effort to get accepted.
Divorce simply requires one spouse to file a petition for divorce and the process begins. Either the couple works out a divorce settlement or the court creates a divorce agreement that considers the property division, custody issues, and any required spousal support.
This typically means that filing for legal separation is not necessary if one party has already decided they want a divorce. It can serve as an exploration of what will likely happen during a divorce. Legal separation can also be a preferable short term option if one spouse still relies on the other’s employment benefits, like health insurance.
Experienced Family Law Attorney in Arizona
If you’re considering legal separation or divorce, it’s important to consult with an experienced family law attorney in Arizona. The attorneys at RSN Law can help guide you through the available options and represent your interests throughout the process. We have helped with complicated petitions for legal separation and divorce and represented many clients with family law matters in Arizona. Contact us today at 480-712-0035 or make an appointment online for an initial consultation.
RSN Law intends this article to be for informational purposes, not to be relief on a specific legal matter, and does not create an attorney-client relationship.