Prescott Legal Separation Lawyer

In many instances, two spouses may wish to pursue a legal separation rather than divorce. There are a number of reasons to choose legal separation—perhaps you are unable to get a divorce for religious reasons, or your spouse may require health insurance through your employer. You may simply wish to live separately but not get divorced. No matter the reason you are considering a legal separation, it’s wise to have a seasoned Prescott legal separation lawyer on your side to help you navigate the process. At Willison Law, PC, our legal team can help you understand your options and weigh the pros and cons of a legal separation in your unique situation.

Who Is Eligible for Legal Separation?

Though they are often treated similarly by the courts, divorce and legal separation have certain distinct differences. Separated spouses are still considered married under Arizona law and therefore cannot remarry. However, it’s important to note that any income or debts generated after the separation are considered separate, rather than community, assets.

Eligibility for legal separation in Arizona requires:

• At least one spouse must currently reside in the state or be stationed in Arizona if he or she is a military service member
• The spouses must state that the marriage is “irretrievably broken”
• The opposing party (or, the spouse that does not file for separation) must agree to the separation

Similar to a divorce, the two separating spouses must make decisions regarding child custody, the division of assets, and more. Should one spouse object to the separation and instead request a divorce, the court will likely grant a divorce. Additionally, it is possible to convert a legal separation into a divorce at a later date.

A Prescott Legal Separation Attorney is Here to Help

If you’re considering a legal separation, or your spouse has requested a separation and you are concerned about various aspects of the separation, such as child custody or support, Willison Law, PC can help you clearly understand your options. Our Prescott legal separation lawyer offers compassionate, personalized guidance suited to your unique situation. She has been recognized by prestigious national organizations, including Avvo and the American Institute of Family Law Attorneys™ for her commitment to outstanding services and ethical practices. No matter how complicated your situation may be, we’re ready to advocate for you every step of the way.