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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12182
Experience:  JD, MBA
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I am currently in the last stages of divorce, however, I

Customer Question

I am currently in the last stages of divorce, however, I want to try one last time with her to see if we can turn things around together. I sent out a request to the judge handling the case, asking that my divorce be converted into a legal separation.
I am the one who filed for divorce, and my wife did not file a response to my divorce. We don't have any shared property, so we didn't have to battle over anything. I own my own business which is in my name, as well as, a vehicle. Her vehicle is in her name.
My question for you is: If the judge converts my divorce into a legal separation, will the property which is in my name remain in my control? If we end up at a divorce later will my business and vehicle be protected from her taking some or all of my property?
Thank you for your time and expertise!
Submitted: 9 months ago.
Category: Family Law
Expert:  TJ, Esq. replied 9 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.

Expert:  TJ, Esq. replied 9 months ago.

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.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Expert:  TJ, Esq. replied 9 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue.

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