Does Arizona Have A Separation Requirement You Should Know About?

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The attorneys at GillespieShields practice family, employment, civil, criminal, probate, appellate, and immigration law.

Many people are unaware that Arizona has a separation requirement for divorcing couples. This means that the divorce must be finalized at least six months before either spouse can remarry. If you do not have an agreement with your spouse, this may not seem like much of a problem because there is no way to know when they will finally agree to sign the paperwork. However, if you need to get married in order to obtain citizenship or employment authorization then it’s important that you take this into consideration right now and make sure everything goes through on time!

Legal Separation

Arizona law allows married couples to request a legal separation instead of filing for divorce. If you have been living in Arizona for at least 90 days, the county where your reside is the place where this petition can be filed and there are no custody or financial implications on either parent as long they continue co-parenting their child’s life together amicably after coming back from any temporary absence.

A separation is a legal process in which one spouse can seek to end their marriage. This could be because the relationship has broken down irretrievably, or at least one person wants out of it and doesn’t want reconciliation anymore. The other party must not object before they are granted this request for separation by demonstrating that all three conditions have been met: 

  • The first two involve proving irreparable damage between spouses who still care deeply enough about each other; thirdly showing there’s no chance things will change with time on your side (i..e., if you’re older). You need evidence from either police reports filed against domestic violence victims, medical treatment, and/or a restraining order that has been placed against your spouse. This evidence can be submitted to the court in a written declaration which acts as a sworn statement if you have suffered from domestic violence during marriage or physical injury caused by them because of their violent behavior.
  • In many cases, a legal separation is done before one wants to get married again. This allows the couple time for negotiation and decision-making about what will happen with property division or custody arrangements in case they can’t agree on divorce terms yet due their ongoing relationship together as well as any children from previous relationships who may be involved. A judge would typically not approve your request without telling you how we plan on handling these issues going forward!

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When Children are Involved

A legal separation is a big life change, so it’s important to have all of your paperwork in order. If you’re going through this process with children involved or if there are any concerns about child custody and support payments after the split has been finalized then be sure that they’ll need some extra signatures on their petition: 

1) A Sensitive Data Cover Sheet which contains information about who can see what records when 

2)A Child Support Form 

3) Summon 

4) Preliminary Injunction 

5) Parenting Plan 

6) Affidavit Of Minor Children 

7) The Order And Notice For The Parenting Education Program

The legal separation response must be filed by the respondent spouse. He or she will have 20 days to file a response and if they object, then it won’t go through with Legal Separation proceedings at all – just like in divorce cases when one partner objects! If there is no covenantal marriage between them either way though (i.e., not even confessed yet) you can bet that any request for this sort of thing from the bride-to-be would get plenty of objections from the groom’s side too so don’t bother unless both people agree 100%.

If the other spouse agrees to a legal separation but objects to some of the proposed terms, they can contest it. The couple may now try reaching an agreement through negotiations or alternative dispute resolution method like mediation; if this doesn’t work out then there will still be less left for litigating since most issues were resolved already in favor of one party only having those outstanding ones against them that need resolving.

A legal separation can take just as much time, or even more than a divorce. This is why it’s important for people who want to file for one of these types of orders when they have filed an initiating petition so that their rights and responsibilities are determined while both cases are pending before the court.

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The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. We believe in giving families peace of mind no matter their situation, and we fight hard to maintain that peace. Whether you’re filing for dissolution or divorce, determining custody of your children, or thinking about adopting children, our experienced attorneys are here to help you every step of the way.  During our private, one-on-one consultation, we’ll take the necessary time to answer and and all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!



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