Phoenix Divorce Alternatives Lawyer
Legally Separating From a Spouse in Arizona
For personal reasons, religious reasons or financial reasons, some couples may choose legal separation instead of divorce. A legal separation generally involves the same issues as a divorce. One of the most common reasons for a legal separation is to maintain health care insurance for the non-employee spouse, if allowed by the insurance company.
After divorce, partners in the marriage are legally viewed as single and are free to remarry when they so choose. When partners are legally separated, they are still considered married by law. If parties decide to legally separate, either partner may later convert a decree of legal separation to a divorce.
Merely moving out and separating does not mean you are legally separated. This can only be done through the court. Legal separation is different than simply living apart. A decree of legal separation addresses the same issues of divorce:
- Legal Decision Making (Child Custody)
- Child Support
- Division of Community Property and Debt
- Spousal Maintenance (Alimony)
For many, marriage quickly fades the fairy tale and brings reality to the forefront. Occasionally that reality is not pleasant and may even be dangerous. The state of Arizona allows troubled couples, who meet certain criteria, to pursue annulments of their marriage in lieu of divorce.
At Bishop Law Offices, P.C., our team of attorneys works from offices in Tempe and in Phoenix to help men and women legally recover from a bad marriage through annulment and to move forward. Contact us today to schedule a consultation with Certified Family Law Specialist, William D. Bishop.
According to Arizona statutes, the court may annul a marriage if there is an impediment rendering the marriage void. Therefore, in order to pursue an annulment of marriage, in lieu of divorce, a couple must show that their relationship is invalid, which may include:
- The marriage was based upon fraud or misrepresentation
- Absence of mental or physical capacity
- Blood relationship between the spouses
- An underage spouse without parental consent
- Immigration fraud
A legal annulment is not the same as a religious annulment. As a law firm, we handle legal annulments to end marriages and to return partners to the status they maintained prior to their marriage. Our skilled family law attorneys also handle legal separation cases and divorce cases.
You cannot enter a Pre-Marital Agreement after you are already married, but you can enter into a Post-Marital Agreement. Sometimes married couples’ biggest arguments and disagreements are because of financial issues. Instead of going through a divorce or legal separation, some couples enter into a post-marital agreement to work out their finances to their mutual satisfaction, and find that they are happy to stay married so long as the finances are legally separated or otherwise resolved. Our firm will be happy to discuss such alternatives with you.
SCHEDULE A CONSULTATION
Contact Bishop Law Offices, P.C. to discuss how you may end your marriage through annulment, legal separation or divorce. When you meet with us for an initial consultation, we will help you determine which legal strategy is best in your situation. With three office locations, one in Scottsdale, Phoenix and another in Tempe, we offer convenient and accessible legal services from highly dedicated and professional attorneys.