Legal Question in Family Law in Arizona

Legal Separation

I am seeking information on Legal Separations. What exactly does it mean? And how does it differ from a divorce? My husband and I have seperated,however we live in the same house. I just want to make sure my children and I are provided for after he leaves.


Asked on 5/21/04, 1:43 pm

1 Answer from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Legal Separation

Thank you for your inquiry.

In a nutshell, legal separation will result in the division of assets/debts, orders regarding custody/parenting time, and orders regarding child support/spousal support. The main differences between legal separation and divorce are (1) at the end of a legal separation, you are still legally married, so neither of you can remarry; and (2) you still have the opportunity to cover him (or him to cover you) under dependent health insurance benefits.

The process for legal separation and divorce are the same, and if you complete the legal separation and later choose to divorce, you will be "starting over" with respect to the procedure itself.

I hope this information is useful.

Sincerely,

Monica Donaldson

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Answered on 5/21/04, 1:49 pm


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