Legal Question in Family Law in Arizona

If I have already filed for a divorce, can I change to legal separation


Asked on 4/12/11, 6:20 pm

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Yes, it is possible to convert a divorce to a legal separation. The process depends on how far into the process you have come. If you have filed but not served the documents (or if you have served the documents but the other party has not yet filed a Response), then you can file an Amended Petition and indicate that you want to proceed by legal separation rather than divorce, then re-serve the documents. If the other party has already responded to your Petition, then you and the other party can agree to convert the case. If one of you wants a legal separation and the other wants a divorce, the case will proceed as a divorce.

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Answered on 4/12/11, 7:58 pm
Rich Peters R.J. Peters & Assoc., P.C.

Yes, so long as the other side agrees. You cannot force a Legal Separations if the other side wants a divorce.

We can certainly help you consider and then pursue your options for converting to a legal separation. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

R.J. Peters & Assoc., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 4/18/11, 8:24 am


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