Divorce may not be the only option and legal separation may be something to consider. Sometimes, people want to remain legally separated for certain reasons.  Legal separation may keep you on the same insurance policy for health care benefits.  Legal separation may allow you to enjoy any of the 1,331 federal law benefits that can stem from remaining legally married.  Maybe you are not sure whether you want the divorce, and you’re taking some time to evaluate every option.  Yet you may want financial protection during the period of legal separation from the decisions of your spouse.  Here is what our legislators say about what must happen for you to be legally separated by court decree.

Want to see our article about holding off on divorce?  Read Can Your Marriage Be Saved?

Are you legally separating so that you can receive spousal maintenance?  Spousal maintenance is seeing major tax changes in 2019.  Read here: Trumps New Tax Plan Impacts Spousal Maintenance

Want a free chance to calculate your spousal maintenance? Spousal Maintenance Free Calculator

Ready to read more about divorce in Phoenix, Arizona? What are the steps of a divorce?

The court shall enter a decree of legal separation if it finds each of the following:

1. That one of the parties at the time the action was commenced was domiciled in this state or was stationed in this state while a member of the armed services.

2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met.

3. The marriage is irretrievably broken or one or both of the parties desire to live separate and apart or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-904.

4. The other party does not object to a decree of legal separation. If the other party objects to a decree of legal separation, on one of the parties meeting the required domicile for dissolution of marriage, the court shall direct that the pleadings be amended to seek a dissolution of the marriage.

5. To the extent it has jurisdiction to do so, the court has considered, approved or made provisions for child custody, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of the property.

Moshier Law - Phoenix Divorce, DCS and CPS, Custody, Estate Planning, Probate, and Adoption Lawyers