Whether you choose to pursue a legal separation or a divorce, you should expect it to be hard on your children.
You and your spouse should keep the best interests of your children in mind in all of your decisions. Never say negative things about each other to your children or in front of them. If you and your spouse believe that you will be able to reconcile, you can tell your children that you need to live in different places for a while.
Your children should be told that the decisions that you make are not their fault and that you and your spouse still love them. If your marriage ultimately fails, your children will have time to get used to the new circumstances and potentially more able to handle your divorce.
If reconciliation is not likely, you should be honest with your children. You do not want them to have false hopes that you will reconcile. Deciding to divorce or separate can be difficult. While you or your spouse might be against the idea of legally separating or getting divorced, it is important to understand that if either of you want to get divorced, it will move forward.
Talking to an experienced family law attorney at the Schill Law Group might help you to sort through your thoughts and determine which process might be better for your situation and your family. The decision of whether to pursue a divorce or a legal separation is personal. Seeking the advice of a family law attorney is advisable in either case.
To learn more about these different processes, contact the Schill Law Group today to schedule a consultation by calling us at Contact Us Defending the People of Arizona With more than Years of combined experience. Call now for a free consultation: Legal Separation vs.
Divorce in Arizona Some couples in Arizona are not sure that they want to go through with a divorce while others want to remain married but be separated for a variety of reasons. Child custody and child support are handled in the same manner in a legal separation as they are in a divorce. The spouses can each submit their own proposed parenting plans that address parenting time and legal decision-making for the children.
If the parents are unable to agree to a plan, they can present evidence about what is in the best interests of their children to the court. The court will then make a decision concerning where the children will primarily reside or if the parents will have co-equal parenting time. Courts consider a number of factors when they are making child custody determinations in both legal separations and divorces. The factors that judges consider are found in A. Child support is calculated using Arizona child support guidelines.
The guidelines take into account the incomes of both parents, the needs of the child, and the amount of parenting time each parent has with the child. Under A. The orders regarding child custody and support will remain in place during the legal separation. If the parents later decide to divorce, the orders will still remain. Parents may file motions to modify child custody and support orders if their circumstances have substantially changed in the time since the orders were originally issued.
If there is a large disparity between the incomes of the two spouses, and one spouse is unable to support himself or herself independently, the court may issue spousal maintenance orders. Every situation is different. It is a good idea to retain a family lawyer who will help you understand the legal separation process.
Ogborne Law, PLC can advise and assist with disclosure of assets and debts, allocation of assets and debts, and orders for child custody, child support, spousal maintenance, and more. Choosing between legal separation and divorce can be painful and difficult.
Doing it all yourself, though, makes it even harder. Ogborne Law can help with a legal separation in Arizona. Our legal separation lawyers have many years of experience in drafting separation agreements. While the legal separation process is not for everyone, it can save you money, stress, and hassle vs getting a litigated divorce.
Doing it all yourself, though, makes it even harder. Seek the advice of experienced counsel to walk you through your options. Divorce litigation can be emotionally draining for you, your spouse, and your children.
The collaborative process can result in a less expensive, more efficient, and less harmful outcome for everyone involved. The legal , financial , and communication professionals with Best Legal Choices can help you navigate this difficult time in your life. Regular Post. Reasons to get a legal separation instead of a divorce include: Some couples choose legal separation instead of divorce based on religious or moral objections to divorce.
Legal separation may also allow you to continue filing joint tax returns.
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