FAQ: How To File For Legal Separation In Az?

How long does it take to get a legal separation in Arizona?

In Arizona, getting a legal separation takes the same amount of time as getting a divorce. Under Arizona law, a legal separation cannot be finalized until 60 days after the Petitioner serves the Respondent. In mediation, the entire process can be completed within 2-4 months.

How do you legally establish a separation?

To get a legal separation, you need to fill in a separation petition and send it to the court. A legal separation allows you to live apart, without divorcing or ending a civil partnership. You can ask for a legal separation for the same reasons you could file for a divorce or end a civil partnership.

Does Arizona require legal separation before divorce?

Arizona does not require you to be separated from your spouse before you can get divorced. You do, however, have to wait for a period of time before your divorce is finalized.

How long does it take for a legal separation?

To get a legal separation you must file a petition in your Superior or Family Division Court. It is a distinct legal product rather than being a first step to getting a divorce. In fact, legal separation takes as long as a divorce ( average time, 8-10 months ), and costs just as much.

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How long does a legal separation last?

How long does legal separation last? You can be legally separated for however long you and your spouse think is best. However, if you plan to use your separation agreement as the basis for a divorce later, you and your spouse must have been living apart, under your separation agreement, for at least one year.

Will legal separation protect me financially?

Legal separation can protect you from the debts of your spouse effective the day you file for legal separation. Once you file, you are no longer liable for any new debts your spouse takes on.

How much is a separation agreement?

If you choose to have a law firm draft the document from scratch, you can expect legal fees to be in the order of $3000-5000 for just one party, if you have a straightforward matter. If you wish to split superannuation or your finances are more complicated than most, you can expect the cost to rise dramatically.

What is the first thing to do when separating?

7 Things to Do Before You Separate

  • Know where you’re going.
  • Know why you’re going.
  • Get legal advice.
  • Decide what you want your partner to understand most about your leaving.
  • Talk to your kids.
  • Decide on the rules of engagement with your partner.
  • Line up support.

What should you not do during separation?

Here are five key tips on what not to do during a separation.

  • Do not get into a relationship immediately.
  • Never seek a separation without the consent of your partner.
  • Don’t rush to sign divorce papers.
  • Don’t bad mouth your partner in front of the kids.
  • Never deny your partner the right to co-parenting.
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Who gets to stay in the house during separation?

In the event of a family law separation, both parties are legally entitled to live in the family home. It does not matter whose name is on the ownership of the house. There is no presumption that the wife or the husband has to leave the house.

Why get a legal separation instead of a divorce?

A legal separation can be a stopping point on the way to divorce. It allows a couple to resolve all the important issues (custody and financial issues) in their lives while keeping the marriage intact and determining what they really want. A legal separation is reversible. If you get divorced, there is no going back.

How do I get a divorce in Arizona without a lawyer?

In order to start the divorce process without a lawyer, you’ll need to complete some forms. The Arizona Judicial Branch publishes divorce forms online. Although these are standard Arizona forms, your county may have additional requirements. It’s important to check with your local court clerk before filing.

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