Hello. My H and I do not have the money right now to afford the 3500 to 4000 to get a divorce with 401k. We considered Legal Separation, but seems you still have to divide assets and debts and the 401k. Is there any other way that I can protect myself financially (he cannot stop paying bill or get more debt) until I can save the money? Can we write up some sort of separation agreement and have it notarized? Can we have a legal separation without dividing everything until the divorce?
Legal separation or divorce - you would pay the same $271 filing fee. It is cheaper to file divorce especially if you know its going that way. Other than fiing for divorce - you have no way to protect yourself because AZ is community property/community debt state.
Just remember that Rule 46 of Arizona Rules of Family Law Procedure (ARFLP) provides for your case to be put on the Inactive Calendar after as little as 120 days. It is then in the pipeline for being dismissed unless you intervene by either a Motion to Set (go to trial) or a motion to extend.
If your case gets dismissed for inactivity, you're back in the same community property exposure as you were before.
I'm not a lawyer...I've just been confused and angered to near homicidal rage by one. :cool:
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