Divorce Lawyers in Chandler AZ Speaks About Separation Before Divorce
Arizona couples contemplating a divorce may wonder if they should consider living separately for a while first. Deciding about separation may be a difficult decision to make as a couple because of the current situation. A decision not made easier by the fact that there are many different opinions about the matter. The couple contemplating a separation before divorce needs to think very carefully about the matter.
Separating before divorce holds many legal consequences that may impact the divorce case. In the first place, moving out may influence custody agreements. When one moves out, it may weaken the case for an equal claim to custody. While the parents live together, both parents have equal parenting rights, but if a parent moves out before the divorce is final, the other parent has residential custody. One way of overcoming this problem is to come to a temporary agreement with the help of a lawyer until the divorce is final.
Secondly, should one decide to move out, he or she may be obliged to pay support, which may even include paying the mortgage, bills and other regular expenses one was responsible for when the couple was living together. A third reason to be careful of moving out — especially on the spur of the moment in fury — is that it may not be so easy to go back if a new accommodation does not work out. One’s partner may apply for an exclusive use and occupancy order from the court, in order to avoid the confrontation brought about by living together. In such a case, one will still have rights to the apartment or house as an asset, but he or she may lose the right to live there.
Once a couple has decided on getting a divorce, living together can become unbearable, and Arizona couples often want to get on with their new lives. Separation seems to be the option to escape from the fighting and strive. However, before making the decision to separate, it may be best to consult with our divorce lawyers in Chandler AZ to discuss the possible legal consequences. A consultation on the matter may just help a couple make the best decisions for all involved.
Source: huffingtonpost.com, “He Said/She Said: Should We Separate? Tips From a Marriage Counselor and Divorce Lawyer“, Morghan Leia Richardson and Aaron Anderson, Feb. 19, 2015