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Are you and your spouse on different paths?

In Arizona, legal separation offers a solution in which you can live apart while remaining legally married.

The firm of Lincoln & Wenk helps families work through these legal arrangements, confirming a fair framework for custody, asset division, and other matters.

To learn more, schedule a consultation with a legal separation attorney today.

Benefits of Hiring Legal Separation Services

Expertise in Legal Proceedings

Protect Your Assets & Rights

Partnering with a skilled legal separation attorney gives you peace of mind during a tumultuous time. We’ll make sure your financial interests and legal rights are fully protected.

Legal Separation Attorney Guidance

Rely on Experienced Guidance

Legal separation is often a complex and emotionally draining process. A legal separation attorney will guide you through every step, ensuring your separation agreement is comprehensive and fair.

Arizona Attorney for Custom Separation Agreement Creation

Create a Custom Agreement

One size never fits all when it comes to relationship arrangements. An Arizona attorney will tailor your separation agreement to meet your family’s unique needs and preferences.

Our Legal Separation Attorneys Can Help You With…

Lincoln & Wenk, PLLC is here to protect your rights and interests as you separate from your spouse. When things get complicated, our legal team can assist with:

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Asset Division

We help facilitate a fair division of all shared assets and debts, working to protect your financial future during simple or complex separations.

Divorce Lawyer to negotiate fair and sustainable spousal support agreements

Spousal Support

Our team can negotiate fair and sustainable spousal support agreements that meet your needs while maintaining financial balance.

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Child Custody Arrangements

Lincoln & Wenk works to create custody agreements that prioritize the well-being of any children involved in the separation.

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Parenting Plans

We develop comprehensive parenting plans that detail visitation schedules, communication guidelines, and decision-making responsibilities.

Attorney for Drafting Custom Agreements

Protecting Retirement Accounts

Our legal separation lawyers help protect your retirement savings, ensuring these assets are properly divided according to legal guidelines.

Take the First Steps Toward Legally Separating

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Lincoln & Wenk will stand by you through every step of your legal separation. From negotiating terms to filing paperwork, we make the process as stress-free and straightforward as possible.

Trust our legal firm to protect your rights and your family’s best interests.

Learn About Your Options

The Process of Filing for a Legal Separation

Consult with an Arizona Attorney

Your legal team will explain the separation process, review your situation, and help determine if separation is the right choice for you.

Draft the Legal Separation Agreement

We’ll work with you to draft a comprehensive separation agreement that addresses important matters such as property division, spousal support, and custody.

File the Agreement in Court

Once the agreement is finalized, we’ll get it filed in court. A judge will review the terms and either approve or recommend adjustments.

Attend a Court Hearing

Both parties may need to attend a hearing, where a judge will ensure the separation agreement is fair and enforceable.

Finalize the Legal Separation

After the court approves the agreement, the separation becomes legally binding, allowing both parties to live separately while remaining married.

Our Priorities for Separating Clients

Parent-child relationship protection

Set You Up for Financial Success

We aim to secure your future post-separation. through fair asset division. Together, we can protect critical investments such as your retirement accounts and real estate.

Achieve the Best Possible Outcomes

Advocate for Your Family’s Needs

Your family’s best interests are at the heart of every decision we make. Our legal separation attorneys will confirm that any agreements regarding children prioritize their health, wellness, and protection.

personalized guidance from Lawyer

Offer Compassionate Support

Separating from a spouse is never easy. Our team offers empathetic, personalized guidance throughout the process, ensuring you feel heard and supported.

Understand Your Legal Rights After Separation

Legal separation grants you specific rights in Arizona, including financial support and property protections. As a reputable Phoenix-area law firm, our goal is to help you understand these rights and ensure they are fully protected at all times.

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Frequently Asked Questions

Q.

What is the difference between legal separation vs divorce?

A.

Legal separation allows a couple to live apart while remaining legally married, whereas divorce legally ends the marriage.

In a legal separation, issues like child custody and asset division are still addressed, but the couple remains married. Divorce, on the other hand, dissolves the marriage, meaning that the process of getting a divorce permanently severs legal ties between the couple.

Some couples in Arizona choose legal separation for personal, religious, or financial reasons while considering reconciliation or future divorce.

While the process of getting a divorce is final, legal separation offers more flexibility by allowing couples to resolve their issues while keeping the marriage intact.

Q.

What are your legal rights in a legal separation in Arizona?

A.

Arizona legal separation laws grant spouses similar rights to those in divorce, including property division, spousal support, and custody arrangements. However, since the couple remains married, they cannot remarry unless they file for divorce later.

Q.

How long should a trial separation agreement last?

A.

The duration of a trial separation agreement depends on the couple’s needs and goals. Many trial separations last six months to one year, giving both parties time to reflect on their relationship and decide on a long-term solution.

The benefits of a trial separation include gaining clarity on whether to pursue legal separation, divorce, or reconciliation. A well-structured trial separation can help both partners set boundaries and evaluate their future.

Q.

Does legal separation protect you financially in Arizona?

A.

Yes, legal separation in Arizona can provide you with some financial protection. It allows both parties to outline clear terms for the division of assets, spousal support, and other financial responsibilities, similar to a divorce.

Our attorneys for legal separation focus on protecting both partners’ income and assets. This is especially important when making sure joint debts and liabilities are fairly managed.

Q.

How can you convert a legal separation into a divorce in Arizona?

A.

Converting a legal separation into a divorce in Arizona involves filing a petition with the court to change the separation into a divorce decree. Both parties must agree to the conversion, and the court will review the original terms of the separation agreement.

If both spouses agree to divorce after separating, they can easily transition into the process of getting a divorce without renegotiating many of the terms already outlined in their separation agreement.

Q.

How long do most legal separations take in Arizona?

A.

The timeline for legal separation in Arizona can vary depending on the complexity of the case and whether both parties agree to the terms. On average, legal separations take three to six months to finalize once all documents are filed with the court.

However, more complex cases involving disputes over child custody or property division may take longer. Working with a Lincoln & Wenk attorney can help expedite the process and avoid unnecessary delays.

Schedule a Free Consultation for Legal Separation

For many couples, legal separation offers an attractive, simpler alternative to divorce. If you’re interested in exploring your options or pursuing a separation agreement, we’re here to helpーstarting at step one.

Schedule Your Consultation
Book a Free Consulation with an Attorney

Call us at 623-294-2464 or contact us to schedule your consultation today.

GOODYEAR OFFICE
1616 North Litchfield Road, Suite 140, Goodvear, AZ 85395
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20830 N Tatum Blvd, Suite 210 Phoenix, AZ 85050
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14050 N 83rd Avenue Suite 290, Peoria, AZ 85381
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