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.
2 Answers from Attorneys
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.
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.
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