Separation – Phoenix Divorce Lawyers of Reppucci & Roeder
Reppucci & Roeder, PLLC Divorce Lawyers – Separation Page
Many Arizona spouses wonder what the difference is between a divorce and a separation. Each family’s situation is different, and sometimes legal separation provides a way for such families to resolve their differences without resorting to divorce. However, it may turn out that divorce is the better option for you and your spouse. To fully understand the similarities and differences between divorce and separation, you should consider speaking with the Phoenix Divorce Lawyers of Reppucci & Roeder, PLLC. Our skilled and highly experienced attorneys help families through the divorce and separation process on a regular basis.
Legal Separation Under Arizona Law
In Arizona, legal separation is nearly identical to divorce, also known as a dissolution of marriage. A legal separation includes, but is not limited to, the following, as ordered by a court:
- The division of property;
- The imposition of child support or spousal support (alimony) payments; and
- The resolution of custody and visitation matters.
The one significant difference between legal separation and divorce is that separated spouses cannot lawfully get remarried, while divorced spouses can get remarried. A legal separation ensures that spouses still retain their married status, which can carry with it many benefits that unmarried or divorced individuals simply do not have. Reasons for deciding to legally separate as opposed to filing for divorce include, but certainly are not limited to, the following:
- Separated spouses, while living apart, can still benefit from the same joint health insurance plan;
- Separated spouses can remain married for purposes of religious preferences;
- If married long enough, separated spouses can receive certain social security benefits;
- Separated spouses may be able to continue filing taxes jointly (this is all dependent on each couple’s individual circumstances); and
- If separated spouses are simply uncertain if divorce is the right decision to make, a legal separation can provide them with a general feeling of what it would be like to be divorced, and whether or not they may wish to rekindle their relationship.
Legal separations are governed by agreements that are approved by a court. Terms regarding property, child custody, visitation, child support, and spousal support (alimony) are all outlined in a separation agreement. If spouses can come to an agreement on how such terms should be outlined, then a judge is likely to approve the agreement. When discussing potential legal separation, you need guidance from a seasoned divorce attorneys of Reppucci & Roeder, PLLC to make sure that you are protecting your interests and those of your children. If divorce may seem like an extreme measure to resolve the differences you have with your spouse, then legal separation may be the option that will make the most sense for everyone involved.
Contact the Phoenix Divorce Lawyers of Reppucci & Roeder, PLLC Today
Legal separation can be just as stressful and complicated as a divorce matter. As such, it is important to speak with a skilled Arizona Divorce and Separation Attorney to discuss your individual circumstances and whether or not legal separation is something you want to pursue. The Phoenix Separation Attorneys of Reppucci & Roeder, PLLC will provide you with the information you need to make an informed decision about legal separation. Our law firm has received an “A” rating from the Better Business Bureau and has received a number of positive online reviews. Our Arizona Divorce and Separation Attorneys use all resources possible to ensure you receive the legal representation you deserve. To speak with one of our attorneys, contact Reppucci & Roeder, PLLC today by calling (480) 300-6012 to schedule an initial consultation.