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ASK ANGIETM Q What is the difference between a legal separation and a divorce? A A final order of legal separation and a final order of divorce vary primarily only in one aspect: when a decree of legal separation is entered, you and your spouse are not divorced - when a divorce decree is entered you are. Both final orders can define permanently your and your spouse's rights and obligations with regard to your children, spousal support for either of you, and the division of assets and debts. In Arizona, you must be a resident of the state for at least 90 days before you can file for a divorce. To file for a legal separation, you need only reside in Arizona as of the date you file. An action for or decree of legal separation may become a petition for or decree of divorce if either party requests, even over the objection of the other spouse. One of the most common reasons people choose to become legally separated rather than divorced is to maintain health insurance benefits for a non-employed or uninsurable spouse. Most health insurance policies will continue to insure a current spouse, but not a former spouse. Another common reason for a legal separation is religious beliefs. Other people feel that psychologically "easing" into a divorce by first filing for a legal separation is more comfortable. Many people are under the impression they are separated in some legal sense because they live apart from their spouse. However, an actual court action must be filed and a decree entered to either be legally separated or divorced.
It is always advisable to seek the counsel of a qualified attorney who can advise you specifically about your
case. The information in this column is provided for general information only in the state of Arizona, is not specific
to any one case and does not create an attorney-client relationship between the author and the reader. ©2003 - 2008 Hallier Law Firm PLC
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ASK ANGIETM is published monthly in Arizona Trends Magazine. |
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