Hello again. Thank you for your patience.
In Arizona, both spouses must agree to the separation before a decree will be granted. This is different from a divorce in which case just one spouse needs to initiate it. The other spouse's consent is not required. But a legal separation is different. Accordingly, you should speak to your wife to see if she consents to the legal separation. If she agrees, you should file a petition for legal separation. The judge may not otherwise convert the case.
In any event, if the case is converted, the judge may still distribute community property. Accordingly, if you have community property in your control, even if the property is in your name alone, then the judge may distribute such property to your wife just as he could in a divorce. In other words, a judge can distribute community property without regard to whose name is ***** ***** title to such property. Therefore, if your business and vehicle are considered community property, then the judge can distribute at least part of it to your wife. This is true in a divorce or legal separation.
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