Phoenix Divorce Alternatives Lawyers
There are alternatives to getting a divorce that may apply to your situation. In some cases you may be able to separate your finances and stay married (i.e. a pursuant to a legal separation or post-marital agreement). On the flip side of things, in limited cases you maybe able to have your marriage declared as never binding in the first place (i.e. an annulment).
Summary of Content
- Legally Separating From a Spouse in Arizona
- Post-Marital Agreements
- Schedule a Consultation
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. In some cases, a spouse may want a legal separation to separate assets in a manner that an ill or disabled spouse is eligible for federal or state assistance. In some cases a spouse may be concerned that the other spouse will incur liabilities that a spouse does not want to be bound to.
A legal separation will result in a final order that does most of the same things as a divorce. This includes dividing accounts, spousal maintenance and child support if applicable, parenting and custody orders if applicable, and other potential rulings. Another way of looking at a legal separation is that you are legally financially separated but continue to be married in all other respects except financial.
After a 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 file to convert a decree of legal separation to a divorce.
Merely moving out and separating does not mean you are legally separated. If you merely separate and have not filed for a legal separation your incomes after physical separation are still community property and new liabilities are still community debt. A legal separation can only be done through the court.
- Division of Community Property and Debt
- Legal Decision Making (Child Custody)
- Child Support
- Spousal Maintenance (Alimony).
At Bishop, Del Vecchio & Beeks Law Office, P.C., our team of divorce alternative attorneys works from offices in Tempe and in Phoenix to help men and women legally recover from a bad marriage through annulment, divorce, legal separation etc., and help our clients to move forward with their lives.
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.
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
- Improper duress / coercion to get married
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. Contact us today to schedule a consultation with one of our other highly skilled divorce and family law attorneys.
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 attorney for 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. You may want to check out our section regarding Marital Agreements in our website to learn more about Post-Marital Agreements as an alternative to a divorce or legal separation. To view the section of our website regarding Marital Agreements, click here.
Schedule a Consultation Today
Contact Bishop, Del Vecchio & Beeks Law Office, 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 two office locations in Phoenix and Tempe, we offer convenient and accessible legal services from highly dedicated and professional attorneys.