Separation – Divorce Lawyer in Tucson
Separation is an alternative to divorce that many Tucson married couples choose to pursue. While separation has many of the same characteristics as divorce, there are some key differences that you should be aware of if you are contemplating divorce. The Tucson Divorce and Separation Attorneys of AZ Family Law Team help couples make the tough decisions that will be in the best interests of all parties involved. It may turn out that separation is a better option for some, and divorce a better option for others. Whether or not divorce or separation is the right move for you will be based on the individual facts and circumstances of your situation.
What is Legal Separation in Arizona?
Legal separation is quite similar to divorce in Arizona, in that the following must occur pursuant to a court’s direction:
- Marital property must be distributed among spouses;
- One parent may be obligated to make child support payments to the other parent;
- One parent may be obligated to make spousal support payments (alimony) to the other spouse; and
- Custody and visitation matters must be resolved to meet the best interests of any children involved.
It is common for Tucson residents to become confused when determining how legal separation is different from divorce, especially when the key features of both divorce and separation are identical. However, the one significant difference to be aware of when considering divorce or separation in Arizona is that spouses who have separated cannot lawfully marry another person, whereas, divorced couples can marry another person following divorce. At AZ Family Law Team, PLLC, we understand just how confusing both divorce and separation can be, and we evaluate each client’s case to determine whether divorce or separation will best suit the client’s needs and wishes. Ultimately, it is always the client’s decision on how to proceed, and our attorneys provide our clients with the tools they need to make the best decision possible for their situation.
Why Choose Separation Over Divorce?
Choosing to legally separate from your spouse as opposed to getting a divorce may be a good idea if each spouse wishes to keep some aspects of the married couple’s life the same. Reasons for choosing separation over divorce include, but are not limited to, the following:
- Sharing health insurance benefits (even if separated spouses do not live together);
- Remaining married for religious purposes;
- Sharing social security and other government benefits (depending on the couple’s particular financial situation); and
- The ability to continue filing joint income tax returns.
While the above-listed legal advantages of separation over divorce are certainly helpful for many couples, legal separation also provides married couples with a “trial run” of what divorce will be like. If spouses choose to legally separate, and they later choose to get back together, they will not need to remarry, but instead will end their legal separation. On the other hand, if separated couples feel that being apart is in the best interest of everyone involved, then those couples may decide it is time to finalize a divorce and cut ties for good.
Contact the Tucson Divorce and Separation Attorneys of AZ Family Law Team, PLLC Today
If you are considering divorce, you likely have feelings of hesitancy because you don’t know what the future holds. Legal separation provides a means for married couples to do much of the same things as divorced couples, but without the same legal consequences that effectively terminate a marriage. Both legal separation and divorce are very serious and important decisions to make that should be discussed thoroughly with an experienced Tucson Divorce and Separation Attorney. At AZ Family Law Team, PLLC, our Tucson Divorce and Separation Attorneys provide clients with the individualized legal representation that they need to make an informed decision on whether separation or divorce is right for them. Having received an “A” rating from the Better Business Bureau in addition to a number of positive online reviews, AZ Family Law Team, PLLC has a reputation for successfully helping a number of Arizona residents meet their family law needs. Our Tucson Divorce and Separation Attorneys are available 24/7 to answer your questions and address your concerns. To speak with one of our attorneys, contact AZ Family Law Team, PLLC today by calling (520) 448-4940 to schedule an initial consultation.