Surprise Legal Separation Attorney
A Surprise Legal Separation Attorney is a legal professional who will protect your rights and represent you when facing Legal Separation in Maricopa County, Arizona. The Enholm Law, PLLC Surprise Legal Separation Attorney that meets with you during your initial free consultation will help show you the strengths and weaknesses of your side of the case. During your initial consultation, all documentation and evidence that you have compiled will be invaluable to help formulating a strategy moving forward. Call today to receive your initial free consultation so you can know the facts.
Legal Separation often occurs when a couple wishes to remain married but want the legal responsibilities of their marriage to end. When Legal Separation is ordered by the court it is handled just like it were an actual divorce proceeding. Any and all issues involving spousal maintenance , child support, community property, assets, debts, parenting time and legal decision making are examined and ruled on by the court. An Enholm Law, PLLC Surprise Legal Separation Attorney help you build a comprehensive strategy when facing this battle.
Legal Separation – The Process
When a Legal Separation is desired, the first step in any action plan is to file a petition in superior court. Just as in a divorce, the petition will be served on your spouse by a process server or county sheriff. If couples are entering into a Legal Separation willingly then both will submit what is called settlement agreements to the court. In this case, the judge will usually order this into law just as it stands. If, however, couples cannot agree and are in disagreement over complex issues like; property division, parenting time, legal decision making, child custody and distribution of debt, then the matter is set over for trial. There is no substitute for solid legal representation and the main focus of your Surprise Legal Separation Attorney will be to protect your rights.
Before final orders are ruled on by a judge, the couple can move to dismiss the case if they wish. At any time during the process, one or both spouses can ask that the Legal Separation proceedings are converted into a divorce. The court has a legal responsibility to terminate the marriage in a divorce trial if only one spouse requests.
Legal Separation – Grounds
Arizona Revised Statute (ARS) 25-904 is the governing document for Legal Separation guidelines in Arizona. Each marriage is unique and a Surprise Legal Separation Attorney will help you determine if the circumstances of your individual case meet these guidelines. When couples are in a Covenant Marriage, a judge cannot order a legal separation unless any of the following items are true:
- The respondent spouse has habitually abused drugs or alcohol.
- The respondent spouse’s habitual bad treatment of the other spouse renders living together insupportable.
- The respondent spouse has committed adultery.
- The couple has lived separate and apart, continuously without reconciliation, for a minimum of two years.
- The respondent spouse has abandoned the matrimonial domicile for at least one year.
- The respondent spouse has physically or sexually abused the petitioner, a child, a relative of either spouse.
- The respondent spouse has committed a felony and has been sentenced to death or imprisonment.
- The respondent spouse permanently has committed domestic violence or emotional abuse.
Legal Separation – Requirements
The requirements for a Legal Separation will be reviewed with you during your initial free consultation with an Enholm Law, PLLC Surprise Legal Separation Attorney. Arizona Revised Statute (ARS) 25-313 states that the court may enter a ruling of legal separation if each of the following is true:
- The marriage is irretrievably broken.
- The court has considered, approved or made provisions for child custody and support of any natural or adopted child as well as the maintenance of either spouse and the division of property.
- At the time of filing, one spouse lives in Arizona.
- That one or both of the spouses desires to live separate and apart.
- The other party does not object to a decree of legal separation.
- The provisions of the Arizona Conciliation Court designed to save the marriage, or to separate in agreement, have been met.
Legal Separation – Mediation
The court will require that couples attempt to resolve the legal issues involved in their Legal Separation. This process is called Mediation. Mediation typically revolves around issues of finance and children. When involved in the process of Mediation, your Enholm Law, PLLC Surprise Legal Separation Attorney will guide you through the process while protecting your rights.
Mediation involves a trained third party that remains neutral in the process. The Mediator will attempt to work with the couple so that they may arrive at a mutually agreed upon final situation. If an agreement can be reached by the couple then the appropriate paperwork is filed without the couple having to make another appearance in court. Before signing any final agreement, the couple will have the right to meet with their respective attorneys in a private setting.
Surprise Legal Separation Attorney – Free Consultation
During your initial free consultation, your Enholm Law, PLLC Surprise Legal Separation Attorney will review the specific circumstances that you face in relationship to your legal issues. This time is set aside for your Surprise Legal Separation Attorney to listen to your side and to advise you on the strengths and weaknesses in your legal argument. All of the documents that have been drafted, any evidence that might be involved and the specific legal facts of your case will be discussed. This meeting will be held in your local area to insure that you have the maximum amount of time to focus on your specific situation.
Enholm Law, PLLC – What To Expect
At Enholm Law, PLLC, we take our slogan “we take sides…yours” extremely seriously. When you are facing legal issues of any kind, the additional burden of feeling alone or that you have no one on your side can be stressful on you both emotionally and physically. Knowing that you have someone who will listen, who will follow a defined course of action and who will protect your rights are critical factors in the personal and legal success of your case. Our staff, including your Surprise Legal Separation Attorney, are trained to work together in a cohesive unit to provide you with the personal and professional legal tools you need. We make the following promises to all of our clients:
- All meetings can be arranged in Surprise, Arizona, for your convenience.
- All of our staff undergo ongoing training in their specific fields of endeavor.
- A high level of competency and skill, to include all statutes and case law, are expected of our team.
- You will receive a comprehensive, easy to follow, plan that we only deviate from when circumstances change.
- You will receive bi-weekly status calls to update you on the progress of your case.
- All of your phone calls or emails will be returned within 24 hours or less.
- A clear Fee Structure based upon a flat fee model or hourly billing.
Call (602)889-6273 right now to receive your initial free consultation with a Surprise Legal Separation Attorney who is ready to take your side.
- The Arizona Divorce Process Timeline
- The Basic Areas Of Phoenix Family Law
- The Seven Deadly Sins Of Divorce
- Divorce – Common Issues
- Overview of Annulments
- Phoenix Divorce – What Is Discovery?
- Guidelines For Spousal Maintenance
- Legal terms used in a divorce
- Resolution Management Conference
- Temporary Orders
- Asset Protection Suggestions
- 10 Things to Avoid During a Divorce
- Divorce or Reconciliation
- Covenant Marriage
- Arizona Divorce Requirements