Legal Question in Family Law in Arizona

Re: Clarification on divorce vs separation

An informal separation, without a legal filing, has no bearing on a spouse's status. When a spouse files for a legal separation with the court, they are still considered married, and the filing triggers certain laws concerning property. Once filing has occured, Ariz Stat 25-315 makes it illegal for either spouse to transfer or hide property, or spend money except for necessities and a limited number of other things without written agreement or a court order. However, if the spouses enter into a separation agreement that divides all property (and if the court approves it), the parties may then proceed to act, for financial purposes, as though they are single. The entire statute can be read at www.azleg.state.az.us/ars/25/00315.htm.

If you want a binding separation agreement, you will have to negotiate such an agreement with your spouse, and then submit it to a court for approval. It will have to take into account children and child support, as well as other financial and equitable factors. You may wish to consult a lawyer as to your property rights in a divorce, or you may wish to consider mediating the separation agreement with your spouse - a low-conflict way to work through difficult issues. I am an attorney/mediator and would be happy to discuss mediation with you, or to refer you to a good family attorney if you do not know one. You can also read more about mediation at www.yesmediation.com.