The Disadvantages of a Legal Separation


The disadvantages of filing for a legal separation in Arizona generally depend upon the situation. First of all, if you and/or your spouse think that the marriage will eventually end, it could be a waste of time and resources to file for legal a separation. Remember, you cannot force the other party into a legal separation if they do not want one. Even if both parties want to be legally separated, if one of the spouses decides down the road that they want a divorce, they will have to endure the entire process and fill out additional paperwork all over again.

On another note, a legal separation may still involve contested litigation and a trial if you and your spouse cannot agree on issues such as how to divide marital assets and debts, child custody or child support, and spousal support. You will still have to go through a trial in order to receive a decree of legal separation. And then, if in the future you or your spouse wishes to remarry a third party, you will have to petition the court for divorce and go through the same process all over again.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Timothy Durkin, JacksonWhite, P.C. | Attorney Advertising

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