Divorce versus Legal Separation Arizona
One of the most common questions is whether someone should get a divorce (dissolution of marriage) or should they just get a legal separation here, in Arizona. This should not be a difficult choice. Arizona is a “no fault” state, meaning that if you want to get a divorce, you can do so, without stating a reason why (with the exception of a covenant marriage). Therefore, if you no longer want to stay married, get a divorce. There are a few limited reasons why a person would prefer a legal separation instead of a divorce.
Five Reasons to legally separate instead of a divorce:
1. Religious beliefs
Some religions frown upon divorce. If you want to legally stay married, but live separately from your spouse, legal separation is for you.
2. Healthcare
Who is going to provide coverage is a huge consideration, especially as you age. If your spouse has great coverage and you want to live separate and apart from your spouse, but you want to keep their healthcare, get a legal separation.
3. Other benefits
If your spouse is in the military, in order for you to qualify for spousal military retirement benefits, you have to be married for 10 years. So, if you have been married for a long time, but not quite 10 years, perhaps you should legally separate until the time that you reach the 10-year mark, then convert the legal separation to a divorce. The same is true for some social security benefits – some have time minimums – check with your social security office, then decide what would be most beneficial for you.
4. Tax consequences
If it is better for you to file married instead of single, perhaps a legal separation is a good choice.
5. You need time to figure it out
If You need some time to figure it out, but you want to live separate and apart while getting child support or some other reason. A lot of times, people just need time. If you need time to decide, but you want to formally receive child support or spousal maintenance (alimony), a legal separation could be right for you.
If you have any questions or want to discuss the specifics of your case, call The Harding Firm – 480.442.4142. We work in a committed, principled, and focused manner to help you achieve your desired results.
