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Ray, Lawyer
Category: Legal
Satisfied Customers: 41667
Experience:  30 years in civil, probate, real estate, elder law
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Im not sure a divorce is what I want yet, but I do need

Customer Question

Hi, Im not sure a divorce is what I want yet, but I do need advice. can you give advice or will I have to hire you first?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Arizona
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: My husband is retired we have lived off a monthly draw taken from his IRA since 2013, I was laid off in Jan of 2015, and have no income of my own yet, its looks like we may be headed in that direction sadly. Our Insurance is from the company he retired from and is deducted auto from his checking account monthly. I have an ongoing back & neck issue, for which I just received an injection about 10 days ago, there is the thought the arthritis in my neck and back may actually need a fusion. In any case what Im trying to say is my medical insurance is very important.
Submitted: 7 months ago.
Category: Legal
Expert:  Ray replied 7 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 7 months ago.

You may be looking at a legal separation rather than a full divorce.In Arizona, the process of obtaining a legal separation or divorce is very similar. Legal separations are generally governed by A.R.S. Section 25-313. Legal separation determines the rights as well as responsibilities of the important aspects of a married couple's relationship, such as child custody, child visitation, debt and property ownership. Although a separation legally establishes rights, it does not divorce a couple. A husband and wife still have the same legal rights and obligations as if they were a married couple living together.

In Arizona, both spouses must agree to the separation before a decree will be granted.A separation agreement is a legal binding contract signed by spouses, which is intended to resolve property, debt and if there are minor children those kinds of issues.

You may agree to split a lawyer and have lawyer prepare the joint petition and settlement agreement.You may well be a candidate for spousal support as well.

Expert:  Ray replied 7 months ago.

Filing for legal separation follows the same process as a divorce action with the exception that the court must find that either the marriage is irretrievably broken or that "one or both of the parties desires to live separate and apart." A.R.S. Section 25-313(3). Instead of a Petition for Dissolution of Marriage, one files a Petition for Legal Separation. The Petition should include the information specified in A.R.S. Section 25-314.

Here I think this might be best for you since you need to keep healthcare and this would allow you to do so since even though property is divided you are still legally married and able to keep coverage under Arizona law.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Expert:  Ray replied 7 months ago.

Lawyer Referral Directory

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Maricopa County Lawyer Referral Service
Phoenix, AZ

Phone:(###) ###-####br />Toll free:(###) ###-####br />Counties Served: Maricopa

Pima County Bar Association LRS
Tucson, AZ

Phone:(###) ###-####br />Counties Served: Pima

Lawyer referral here, I wish you the best.

Expert:  Ray replied 7 months ago.

Arizona is a community property state, here is reference to property division, etc.

You can do this by a property settlement agreement signed by both of you.The lawyer can help with that.

Customer: replied 7 months ago.
Thank you Ray, I am unsure how to proceed. I have no money or place to go, Im pretty sure that he will tell me to leave because he is acting irrationally and wont care if I can leave or not. This is too hard to do by message can you call me. I still have no idea what rights I have and what I can do
Expert:  Ray replied 7 months ago.

I can do unlimited chat online, not yet set up for calls.You can accept here and ask anything you want.You can also come back to it later if you think of something.Thanks.

Expert:  Ray replied 7 months ago.

If you accept be happy to chat, will be here all afternoon and evening.Thanks again.