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May 18

Divorce Vs. Legal Separation

No one gets married with the expectation of getting divorced one day, but sadly it happens on a fairly common basis. By now most of us know that half of all marriages in the United States end in divorce. If your marriage is potentially coming to an end it is important that you be prepared. Finding a qualified divorce attorney is the logical first step, and in doing so remember that not all divorce lawyers are created equal. In case of divorce or legal separation you need someone well-versed in family law, and specifically in the laws that pertain to your individual case. You need lawyers like those at the Arizona-based law firm of McGuire Gardner P.L.L.C.

Marriage can end in a number of ways in Arizona. These include divorce, legal separation. or annulment. While at first glance it would appear that the end result would be the same regardless of which path you choose, the truth is that there are differences. These differences can affect you financially among other things, so it is important to choose the best path for you.

As you may well know, the issues surrounding a typical divorce are many. These include division of assets and debts, alimony payments and, if children are involved, custody and support issues. Cases involving custody and business or asset valuations require the experience of a qualified divorce attorney.

In a legal separation the marriage does not end. Instead there is a court order that outlines the rights and responsibilities of each spouse while living apart. Many of the same issues are addressed in a legal separation that are addressed in a divorce, including division of assets and debt, child support and child custody, spousal maintenance, etc.

For some there are advantages to legal separation over divorce. Legal separation allows for a cooling off period to decide if divorce is the best option while protecting your interests until that decision is made. It also allows for the retention of medical benefits and in some cases social security benefits.

Whatever path you eventually choose, the best way to arrive at an equitable and fair solution in the ending of your marriage is by choosing an experienced family law attorney as your advocate. And the time to find that advocate is now.

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