Legal Separation in ArizonaHome » Legal Separation in Arizona The legal separation in Arizona is same as the divorce process. The only difference between the divorce and the legal separation is that the husband and wife still remain married and cannot remarry even after legal separation is granted. If either of the spouses wishes to remarry, they must obtain the divorce by filing the 'Decree for the Dissolution of Marriage'. Means to attain the Legal Separation in Arizona: The legal separation in Arizona can be attained by two means. These are as follows:
However, in the state of Arizona, after the legal separation is granted, the spouses don't have the same rights over each other's property and their responsibilities also differ from what they used to be before the separation. All the property, assets and investments acquired and done after the separation are considered as the individual property of the spouse acquiring it. Legal Separation in Arizona: The legal separation in Arizona can be processed only if both the spouses agree to it. If one spouse files for legal separation and the respondent responds with the divorce plea, the court has to process a divorce case in stead of separation process. If the other spouse requests to convert the separation process to the divorce process before or after the separation, the court is bound to process the divorce plea. The residency requirement for legal separation is that the petitioner must be a resident of the state of Arizona on the day of filing the petition for legal separation. The residency requirement for the divorce is 90 days before the filing of the petition. Grounds for Legal Separation in Arizona: The legal separation in Arizona can be granted on the grounds of the desire of the petitioner to live separated from the partner. They only have to state that they have a 'desire to live separate and apart' from their spouse. The court grants the legal separation and sorts the issues related to children, property etc. The custody and visitation as well the decision for the property and debts is handled in a similar way by the court for the divorce and legal separation process. Processes for Legal Separation in Arizona: There are two processes for legal separation in Arizona depending upon the involvement of minor children in the lawsuit.
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