Legal Separation vs. Divorce

Saturday, May 2nd, 2009

Legal separation is similar to divorce in issues relating to allocation of debts or division of property, spousal support or alimony, visitation, child support, and child custody. In legal separation, the couple will be separated but they remain married. This option is usually pursued due to personal or religious reasons negatively associated with divorce.

So what is the true meaning of divorce? It means that the judge signed a document for “dissolution of marriage.” In other words, you are declaring that you’re no longer married to each other. It is a legal act, just like when you signed your marriage contract.

If you are filing a “no-fault” divorce, then there’s nothing that your spouse can do to stop it. However, he or she can stop a “fault divorce” by asserting defense. Some of these defenses are:

· Collusion – secret cooperation or agreement between spouses to deceive the judge

· Provocation – inciting another to do an act

· Connivance – setting up the other person to commit the wrongdoing

· Condonation – implied approval of one’s activities by acting as if the offense were never committed

Filing for a legal separation or divorce is similar to initiating a civil lawsuit. Many states have online forms that you can fill out and file at the courthouse (Complaint). Then, these papers will be delivered to the other party (“served”). Rules and conditions on the contents of the Complaint and how it must be “served” are technically specific and generally complicated. It’s not a good idea to do these without lawyer consultation.

Tags: Collusion, Condonation, Connivance, dissolution of marriage, Divorce, fault divorce, lawyer consultation, legal separation, no-fault divorce, Provocation
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A Closer look at Arizona Divorce

Thursday, April 30th, 2009

To end a marriage legally, you need to undergo a court process called “divorce.” This is called “dissolution of marriage” in Arizona.

Their “standard marriage” uses a no-fault divorce where a spouse does not need to prove responsibility or blame to end it. The court simply asks if they have an “irretrievably broken” marriage, meaning, there’s no chance that they would want to stay together.

While in “covenant marriage,” the court is a little bit strict. Presumably, this is a higher marriage standard in Arizona. Grounds for dissolution of this marriage include:

· Both spouses agree to divorce

· Habitual alcohol or drug use

· After obtaining a legal separation, the spouses should have lived separately for a year or two

· Commission of domestic violence either against the spouse or child

· Abandonment for more than a year

· Felony conviction which mandates death or imprisonment

· Adultery

Prior to filing divorce, one of the couple must be an Arizona resident for 90 days at least. The legal process begins when a spouse files a petition with the Superior Court. However, when both parties already agree about child support and child custody matters, as well as debt division and property, then their divorce can be settled without trial.

An Arizona lawyer is well versed to advice you on the complexities of Arizona law. Find one today in a reputable lawyer listing online.

Tags: Arizona, Arizona lawyer, covenant marriage, dissolution of marriage, Divorce, irretrievably broken, lawyer, lawyer listing, standard marriage
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