Does anyone know in AZ if you have to get legally seperated before you divorce or can tell me if you legally seperate how hard is it and if you don't divorce what do you do to nullify it?
"It's not to late to become who you've always wanted to be..."
I am pretty sure you can
I am pretty sure you can only get the marriage Annuled if you were married for less than a year, but please don't quote me on that.
In AZ you do not have to get legally seperated, but when you file for divorce there is a 60 day cool down period, which **I believe** means once you file the papers, the court will not open the file for 60 days. And then it usually takes another 40-60 days for them to process it.
My understanding is that to legally seperate is about as much work as filing for divorce. You can call any of the Superior Courts of Maricopa county, Family Court and these are the kinds of questions they can answer. They cannot give you legal advice of course.
My Dad just got divorced
My Dad just got divorced and, if it's uncontested, then you can be divorced 90 days after you file. I haven't heard of the 'cool down' period.
I did my divorce myself
I did my divorce myself without a lawyer. I have also done custody and child support myself. I can tell you for a fact that you do not need to be seperated before divorce. I can also tell you that your marriage can only be annuled if you were married for less than a year. When you file for divorce there is a waiting period but that is only for you to have time to serve the other party, it's like 20 days, then you file additional paperwork then another 20 days etc. I filed in August and was divorced in November. The quickest divorce can be done in 64 days. If you have any questions you can email me. I provided a link that has a ton of info. When I did my divorce the clerks at the court were also very helpful. I wish you the best of luck and I am sorry for what you are going through. Judging from your past posts you have certainly been trying.
http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/i...
Jennifer is a discussion leader for arizonamoms.com and mommy to four beautiful girls who range from 9 to 4 years of age.
The posts above are true, as
The posts above are true, as long as you do not have a convenant marriage, as I do.
There is no way to be a perfect mother, but a million ways to be a good one!
Although I have no
Although I have no information to offer you Kim, I hope that you're doing okay. I am thinking about you. I know you've been going through a lot lately. If you're in need of an ear to listen or a shoulder to lean on we're here for you.
Kim, I am sorry too to see
Kim,
I am sorry too to see this post. I know you've been trying to make things work. Good luck! Take care of yourself.
Lovemy4 is a discussion leader for North Central Phoenix, tired mother of 4 great kids and wife to one great husband.
I dont think Kim is asking
I dont think Kim is asking about anulling her marriage. I think she is asking, if she does the legal seperation and then they reconcile, how to stop/end the legal seperation.
Kim, I hope it works out for the best, and we are all here listening, always.
Beth
Ditto -- I'm thinking about
Ditto -- I'm thinking about you and praying that you find the right outcome (whatever that may be).
I'm not asking to end my
I'm not asking to end my marriage, what I'm basically asking is what legally I need to do while seperate. My husband did move out and I am hoping that we fix our marriage, but I'm also realistic and need to safe guard me and my children in the time being.
I was about to buy a house but with what has happened, I don't plan on putting it in both our names and in AZ I know there are certain stipulations for qualify on a house loan. That's why I need to know about legal seperation.
I honestly thought my husband and I were doing better, he's been in counseling for about 2 months and I started with him earlier this month but there was a couple of major issues that have stopped me dead in my tracks and left me unsure about if we'll work it out.
"It's not to late to become who you've always wanted to be..."
The house opens up another
The house opens up another problem. I'd recommend you do a consultation with an attorney. I think some offer free consultations. It's good you are looking into this before purchasing that house. AZ is a community property state. If you are married when you purchase it-he could try to claim 1/2 of it. Even if a judge doesn't grant it, it is one more hassle to deal with.
Something else to think about - during the time you are married you are each responsible for eachothers actions, even if you aren't living together. Say he gets a credit card and doesn't pay it - the cc company can come to you for the payment. I don't know if a legal separation gives you protection from that or not.
What I know about legally separating is that is about the same length of time and same expense as a divorce.
I do know that you can stop a divorce before it becomes finalized.
I know you've been going through a hard time. Good luck with it all.
There is a 2 year period
There is a 2 year period after you file /granted separation through the court.
You do have to take the parenting class - both of you - but you don't have to
go thru with the divorce. i understand what you are asking - we were in the middle of the same thing... email me when you have a chance - i can send
what i have - info wise..
good luck, stacee
The Family Court division of
The Family Court division of Superior Court has some very helpful folks who answer the phone and can assist you.
I managed my own divorce, via their website and resources, many moons ago. It was easier to get through the system, though, because we did not have children.
Here's a link from their website as to the definition of a legal separation:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/FamilyCourt/preDecre...
And keep scrolling because they also discuss the forms, child support, and how to either continue or modify the separation (if it ends in divorce).
From the same site, you will be able to locate all of the forms, find out about fees, and contact info.
I hope you get the assistance you need to make the decisions that are best for you and your children. I know things have been rough and we have exchanged a few step-kid stories, too.
Keep your chin up!
Mouse_tales is a discussion leader in the East Valley for arizonamoms.com. She spends most of her days juggling her duties as a (bio & step) mom, wife, and business owner. Her three little kittens range in age from 5 to 13.