The process of legal separation in Arizona is very similar to the divorce process. The couple can enter into a separation agreement that addresses child custody, child support, alimony, and property division. As with a divorce, the court will incorporate the terms of this agreement into a final decree of legal separation.
The main difference between a divorce and legal separation is that at the conclusion of a legal separation, the parties are still married; whereas in a divorce, the marriage is dissolved.
Advantage to a Legal Separation
The main advantage to a legal separation as opposed to a divorce is that it allows you to remain married, which may be desirable for religious reasons or for insurance purposes. For example, some couples choose to legally separate but not divorce so that one spouse can continue to be covered by the other's health insurance.
Legal separations is also an alternative for couples who need time apart with the intention of remaining married but are not yet sure about getting divorced altogether.
Disadvantage to Legal Separation
The biggest disadvantage to legal separation is that if you later decide you wish to get divorced, you will have to go through all the steps of getting divorced anyway.
If you are considering legal separation in Arizona and Alabama, it's important for you to consult with an experienced family law attorney who will be able to explain your options and help you understand.
If you are ready to separate from your spouse, an Alabama family law attorney can help you understand the process of a legal separation. In the meantime, here are some basic steps to get you started:
1. Choose and file the correct form.
In Alabama, there are two forms that are used to legally separate a couple: a complaint for separate maintenance and support or a complaint for divorce without minor children.
2. Wait 45 days after filing before having the papers served on your spouse.
3. Pay all filing fees.
4. The papers will be served on your spouse by a sheriff's deputy or other authorized person within 10 days of filing them, unless you waiving this requirement and filing an affidavit stating that your spouse has knowledge of the proceedings under way.
The Alabama's Legal Separation process is a complicated issue. Whether you are planning for or going through it, the first step is to understand all of the details of this particular proceeding. With the help of experienced Alabama's Legal Separation lawyers in your area, we can help you come to terms with this matter and work towards a positive resolution.
