Firm Overview

Attorney Profiles

Practice Areas

Contact Us

 

Home Page

LinkedIn

Warner Angle Hallam Jackson & Formanek PLC

     

Divorce and Family Law

What Happens if I File for Legal Separation and My Spouse Files for Divorce?

A Court can grant a decree of legal separation only if it finds that (a) both parties desire to live separate and apart, and (b) neither party objects to a legal separation.

If either party objects to the legal separation, the Court will convert the case into a divorce, or dissolution of marriage.

Therefore, if you file for legal separation, and your spouse does not agree and instead files for divorce, the Court cannot grant a legal separation, and the case will be processed as a dissolution of marriage. Other than religious grounds, there are usually not strong legal reasons for pursuing a legal separation instead of a divorce.

 
          

© 2013-2018. Warner Angle Hallam Jackson & Formanek PLC.  •  2555 E. Camelback Rd., Suite 800, Phoenix, AZ 85016  •  602-264-7101