You are currently viewing Getting Separated Legally – What Are Your Legal Rights?


Separation, divorce, and custody can be complicated ordeal. Fortunately, you have legal rights that may provide relief during your separation process. For example, the term “separation of property” refers to how assets are divided after the marriage ends. Still, the terms “legal separation” and “divorce” also exist in this area. 

Between them, there is a wide range of possibilities for how assets are divided when one spouse leaves. Therefore, you need to take a closer look at what is involved in this process and understand about different legal rights you have in this situation.

  • Different Grounds/Reasons for Divorce

Even if separation does not legally terminate a marriage, you can often get the relief you need by arguing grounds for divorce. You can contact Arizona divorce lawyers at Jensen Family Law to help you with the complete divorce procedure.A judge will agree to grant a divorce if one of the following grounds are met:

  • Adultery
  • Mutual Consent
  • Conversion
  • Cruelty
  • Communicable disease
  • Renunciation of the world
  • Desertion 
  • When the spouse is presumed dead
  • Mental disorder

Many resources are available to help you split up without ending a marriage. While there is no guarantee that separating will preserve your wedding, it might provide an opportunity to find out how well your relationship works without being distracted by everyday stresses and strains. 

  • How Does Right to Maintenance Work?

When you are legally separated, you can apply for a safety net (known as maintenance) from your spouse. The amount of money you may be entitled to depend on the duration of your separation and how much time has passed since the dissolution of your marriage. 

In a quick divorce, you can ask for a large sum, up to 60% of your spouse’s income. If you and your spouse have had children together at least one year prior, it is possible to get maintenance throughout life. In some cases, even if no children are involved in the marriage, you can still get this safety net (it is known as post-nuptial or post-marital maintenance).

If you are going through a separation and have children, you need to know who has custody, and legal guardianship of your kids can make a big difference in how your situation plays out. You may apply for child custody rights so your children are under your protection. 

In case only one partner has legal custodial rights over the children of a marriage, the other partner is referred to as a guardian. Unlike custodial rights, guardianship involves making decisions on behalf of someone else’s child. If you do not have legal custody, you cannot change schools on their behalf, give them medical treatment, or sign any of their academic documents. 

This is a great way to keep your children in your care rather than going through the court process, which can be very expensive. Note that custody rights and guardianship are two separate legal matters.

Final Words

Legal separation can provide you with a legal framework for your separation process and could even safeguard your fundamental rights for custody or maintenance. Be sure to seek help from an experienced divorce lawyer who can help you understand the laws and how they might affect you personally.


Image and article originally from Read the original article here.