Avondale Legal Separation

Avondale Legal Separation

An Avondale legal separation attorney can work with you and aid you in understanding Maricopa county law in regards to legal separation in Arizona. The Enholm Law, PLLC Avondale legal separation Lawyer designated as your representative will meet with you, in Avondale, to go over the pertinent issues involved in your legal separation case. Call us today and receive a free consultation to go over your specific circumstances with an Enholm Law, PLLC Avondale legal separation attorney.

Legal separation occurs when two spouses wish to remain married but want to sever the legal responsibilities of their marriage. When legal separation is awarded, the superior court treats the separation proceedings just the same as if it were a legal divorce. All issues surrounding community property, assets, child care, debt, spousal maintenance and child support are considered. An Avondale legal separation attorney from Enholm Law, PLLC will prepare the necessary documentation and work with you to resolve your current situation.

The Legal Separation Process

The first step in a legal separation is to file a petition in superior court. This petition is then served on our spouse by a process server for the records of the court. When couples separate amicably, they both will submit a settlement agreement to the court. When the two spouses cannot agree to the terms and the issues are too complex, the court will set a trial date. This usually involves major disagreements of debt, alimony, assets, community property, child support and child custody. Knowing your rights, protecting your rights and understanding your responsibilities is the main purpose of your Avondale legal separation attorney. Your attorney will represent you in court, prepare all pertinent documentation and look out for your best interests.

At any point before a final order is issued by the judge, the couple can agree to dismiss the case. They also have the right to convert the separation proceedings into a full-fledged divorce case at any point in the process. In the case where one spouse decides they wish to have a divorce, the court has no choice but to terminate the marriage in a divorce trial.

Grounds For Separation

The laws governing legal separation are outlined in Arizona Revised Statute (ARS) 25-904. Every marriage is unique and an Avondale legal separation attorney can best determine if you specific case meets those guidelines. When two people have entered into a covenant marriage it is determined that the court shall not award a decree of legal separation unless it finds any of the following to be true:

  1. The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for legal separation.
  2. The respondent spouse’s habitual intemperance or ill treatment of the other spouse is of such a nature as to render their living together insupportable.
  3. The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for legal separation and refuses to return.
  4. The respondent spouse has habitually abused drugs or alcohol.
  5. The respondent spouse has committed adultery.
  6. The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county or municipal correctional facility.
  7. The respondent spouse has physically or sexually abused the petitioner, a child, a relative of either spouse permanently living in the home or has committed domestic violence or emotional abuse.

Requirements For Legal Separation

During your initial free consultation with an Enholm Law, PLLC Avondale legal separation attorney, your attorney will discuss the requirements for legal separation with you. Under Arizona Revised Statute (ARS) 25-313, 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 Arizona.
  2. The provisions of Arizona Conciliation Court to preserve the marriage or to separate amicably 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 ARS 25-904.
  4. The other party does not object to a decree of legal separation.
  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.

Mediation

It is always preferable to the court when couples resolve, or attempt to resolve, the complex issues surrounding a Legal Separation proceeding. This usually involves issues of finance and children. If you choose to enter mediation, your Enholm Law, PLLC Avondale legal separation attorney will walk you through the process and help to protect your rights.

Mediation involves a neutral, third party, to work with the couples to come to a final agreement . If this occurs, paperwork is filed without the two parties having to appear in court. Both parties have the right to confer with their respective attorneys in a separate meeting after they meet with a mediator and prior to agreeing to any final resolution.

Working with an Avondale Legal Separation Attorney

Your first interaction with an Enholm Law, PLLC Avondale legal separation attorney is going to be a free consultation. During your initial free consultation, you and your Attorney will devise a strategy plan to move forward. This is a time set aside for you to review the important facts and legal issues of your case. You will also discuss any and all documents that have been drafted and any evidence that has been compiled. During this initial meeting, your Avondale Legal Separation Attorney advise you on areas of risk and areas of strength in your case.

Enholm Law, PLLC – What to Expect

At Enholm Law, PLLC, we take our clients seriously and realize that you are turning to us to help protect your rights and interests during this process. Any involvement with the law can be a stressful, emotional time and our staff is here to provide you the legal and personal support you need. We insure that every client receives the following treatment.

  • Bi-weekly calls concerning the status of your case.
  • All of your calls will be returned within 24 hours.
  • A clear fee structure based on an hourly or flat fee model.
  • A comprehensive plan that everyone understands.
  • A high level of competency from our Attorneys.
  • Ongoing training for all of our legal staff on the most recent laws and statutes surrounding your case.
  • Meetings arranged in the Avondale area for your convenience.

Call (602) 889-6273 to schedule your first free consultation meeting with an Enholm Law, PLLC Avondale legal separation attorney today.

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