Buckeye Legal Separation
A Buckeye legal separation attorney can help you to understand the law, your rights and your responsibilities when it comes to legal separation in Maricopa county, Arizona. The Enholm Law, PLLC Buckeye legal separation lawyer assigned to your case will be able to meet with you, in Buckeye, to help evaluate the specific issues involved with your case. Call today to arrange a consultation to discuss your specific situation.
A legal separation involves more than no longer living together with your spouse. When a legal separation is granted, the court will treat a separation the same as a legal divorce. This includes issues pertaining to assets, community property, debt, child care, maintenance and child. A Buckeye Legal Separation Attorney can help you prepare all documentation as it applies to your specific situation.
The Legal Separation Process
First, a petition is filed in the superior court, which is also served on your spouse. Most couples who separate amicably then submit a settlement agreement to the court. In the case where the issues are just too complex or the couple has major disputes over division of assets, debt, alimony and child custody a trial date will be set. Your best chance to know your rights in this process is to consult with a Buckeye Legal Separation Attorney. This will allow you the best opportunity to look out for your interests and help ensure that your financial future and custody concerns are met.
Couples can, before a final order is issued by the court, agree to dismiss the case. At any time during the legal separation, the couple can decide to convert the proceedings to a divorce. Finally, if one spouse wants a divorce, the courts must terminate the marriage.
Sometimes the couple can resolve issues surrounding their finances and children by using a mediator. During mediation, a neutral party helps the couple come to an agreement, and the paperwork can be filed without the parties appearing in court. Parties have the opportunity to confer with their attorneys separately after meeting with the mediator prior to making an agreement.
Requirements For Legal Separation
Meeting with an Enholm Law, PLLC Buckeye legal separation attorney is your best way to insure you meet all of the requirements of separation under Arizona law. Under Arizona Revised Statute (ARS) 25-313, the court shall enter a decree of legal separation if it finds each of the following:
- That one of the parties at the time the action was commenced was domiciled in Arizona.
- The provisions of Arizona Conciliation Court to preserve the marriage or to separate amicably have been met.
- 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.
- The other party does not object to a decree of legal separation.
- 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.
Grounds For Separation
The guidelines for the grounds for legal separation are contained in ARS 25-904. Each relationship is different and a Buckeye Legal Separation Attorney should be consulted to see if your situation meets those guidelines. If a husband and wife have entered into a covenant Marriage the court shall not enter a decree of legal separation unless it finds any of the following:
- The respondent spouse has committed adultery.
- The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county or municipal correctional facility.
- The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for legal separation and refuses to return.
- 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.
- The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for legal separation.
- 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.
- The respondent spouse has habitually abused drugs or alcohol.
Working with a Buckeye Legal Separation Attorney
Your first interaction with an Enholm Law, PLLC Buckeye Legal Separation Attorney will be a consultation. This will help you and your attorney outline your needs and devise a specific plan suited to your individual circumstances. You will also outline the important facts and legal issues of your case. Your Attorney and you will then meet to discuss the documents that have been drafted and the evidence that has been compiled.
What to expect from Enholm Law, PLLC
An Enholm Law, PLLC Buckeye Legal Separation Attorney will maintain constant communication with you. We always provide bi-weekly calls about your case and return your calls within 24 hours. We define clear fee structure on either an hourly basis or using a flat fee model during the initial meeting. You can expect to have a comprehensive plan that both you and your attorney have worked out that can be adjusted as needed as evidence and issues are revealed. You can also expect a high level of competency from our attorneys. Finally, even though our main office is in Phoenix, our attorneys meet with clients in our Buckeye satellite office several times a week so you can schedule meetings in your local area.
To arrange for your consultation, please call (602) 889-6273 and schedule a meeting with an Enholm Law, PLLC Buckeye Legal Separation Attorney today.
- The Arizona Divorce Process Timeline
- The Basic Areas Of Phoenix Family Law
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- Phoenix Divorce – What Is Discovery?
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- Legal terms used in a divorce
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- Covenant Marriage
- Arizona Divorce Requirements