Legal Question in Family Law in Arizona

My wife and I are separated for a month now. I don't see any hope of reconciliation with her. She is now living separately with my two minor daughters and refuse to allow me to visit my two daughters. I'm thinking of filing a legal separation first before I file for divorce. Is that a good idea? Is it better to just file for divorce and forego the legal separation process? Pls. advice.


Asked on 4/06/11, 11:34 am

2 Answers from Attorneys

Ronee Korbin Steiner Ronee Korbin Steiner, P.C.

You do not have to file for legal separation first. You would file a petition for dissolution. However, considering her behavior, I would also file a motion for temporary orders for custody and parenting time to be established pending the resolution of the case.

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Answered on 4/06/11, 11:36 am
Monica Donaldson Stewart Donaldson Stewart, P.C.

I recommend you speak with an attorney to discuss the difference between legal separation and divorce. They are completely separate processes, and a legal separation is not a "step" on the way to a divorce.

We offer a free initial consultation and would be happy to meet with you to discuss the specifics of your situation. Please call our office to schedule a time to meet.

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Answered on 4/06/11, 11:37 am


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