[[{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question","text":"Spouses who legally separate in Arizona remain married to each other but do not live together as a married couple. Legal separation may be an option for couples who are having marital difficulties but aren\u2019t ready to separate permanently through divorce. When legally separated from your spouse, you divide community property and communal debt, establish child support payments if you have minor children, create a parenting plan, and set up a spousal support (alimony) arrangement.  However, unlike divorce, you may only file a legal separation petition if both spouses consent. If you want to end the marriage but your spouse does not, your only option is divorce.","@id":"https:\/\/www.phoenixlawteam.com\/blog\/filing-for-legal-separation\/#Answer"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question1","text":"While a legal separation shares many of the same characteristics as divorce, it isn\u2019t the same. You and your spouse are still married and may opt for this arrangement to leave the door open for reconciliation.  Legal separation is not the same as an annulment either. When a marriage is annulled, it is legally nullified as though it never took place.","@id":"https:\/\/www.phoenixlawteam.com\/blog\/filing-for-legal-separation\/#Answer1"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question2","text":"Legal separation is governed by the same statutes that govern divorce in Arizona. Unlike filing a petition for divorce, a legal separation must be consensual.  You are not legally required to have an attorney file a legal separation on your behalf. However, it\u2019s often in your best interests to hire a lawyer instead of representing yourself.  After agreeing to legally separate from your spouse, the next step is to file a petition for legal separation. One spouse must live in Arizona to file in the state. The petition must indicate that the marriage is irretrievably broken or you want to live separately and apart.  The next step in legal separation is creating a separation agreement. This document will outline the division of community property and debts, whether and how spousal support will be paid, and how child custody and support will be handled. You and your spouse will submit your separation agreement to the court for the judge\u2019s approval.","@id":"https:\/\/www.phoenixlawteam.com\/blog\/filing-for-legal-separation\/#Answer2"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question3","text":"Dividing community property in a legal separation is much like dividing it in a divorce. All property accumulated during the marriage is divided equitably between both spouses.  Once the community property and debts are divided, each spouse is legally responsible for only those assets and debts they are allocated. Legally separated spouses in Arizona do not have shared property rights or debt liability for any property the other spouse acquires or debt they accumulate after the judge approves the legal separation.  Many couples may opt for mediation to divide property and debt. But you may be able to come to an amicable agreement on your own. The advice of a lawyer can benefit you during the negotiation process to ensure that you are making decisions that are in your best interest and not reacting emotionally.","@id":"https:\/\/www.phoenixlawteam.com\/blog\/filing-for-legal-separation\/#Answer3"},{"@context":"http:\/\/schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"What Is Legal Separation in Arizona?","acceptedAnswer":{"@id":"https:\/\/www.phoenixlawteam.com\/blog\/filing-for-legal-separation\/#Answer"},"@id":"https:\/\/www.phoenixlawteam.com\/blog\/filing-for-legal-separation\/#Question"},{"@type":"Question","name":"Is Legal Separation the Same as a Divorce or Annulment?","acceptedAnswer":{"@id":"https:\/\/www.phoenixlawteam.com\/blog\/filing-for-legal-separation\/#Answer1"},"@id":"https:\/\/www.phoenixlawteam.com\/blog\/filing-for-legal-separation\/#Question1"},{"@type":"Question","name":"How Do I File for Legal Separation in Arizona?","acceptedAnswer":{"@id":"https:\/\/www.phoenixlawteam.com\/blog\/filing-for-legal-separation\/#Answer2"},"@id":"https:\/\/www.phoenixlawteam.com\/blog\/filing-for-legal-separation\/#Question2"},{"@type":"Question","acceptedAnswer":{"@id":"https:\/\/www.phoenixlawteam.com\/blog\/filing-for-legal-separation\/#Answer3"},"name":"How Is Community Property Division Handled in a Legal Separation?","@id":"https:\/\/www.phoenixlawteam.com\/blog\/filing-for-legal-separation\/#Question3"}],"name":"Filing for legal separation in Arizona","@id":"https:\/\/www.phoenixlawteam.com\/blog\/filing-for-legal-separation\/#FAQPage"}],{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.phoenixlawteam.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Filing for legal separation in Arizona","item":"https:\/\/www.phoenixlawteam.com\/blog\/filing-for-legal-separation\/#breadcrumbitem"}]}]