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How Financially Prepare for AZ Divorce
Author Jonathan Roeder Posted on

How to Prepare Finances for a Divorce in AZ

A handful of important considerations beckon your attention throughout the divorce process. And, being prepared can help ensure your assets stay protected.

How to Make Financial Moves Before a Divorce

If you or your partner have recently filed for divorce in Arizona, there are a few things that you should try to do as quickly as possible.

Choose a Lawyer that’s Right for You

One of the most important steps you can take before beginning a divorce is hiring an attorney you can trust. Divorce can be an intimidating process that is already emotional and stressful, and feeling unsure how to proceed can create even more anxiety.

By hiring an experienced AZ attorney, you will receive advice and assistance throughout your divorce, including formidable representation in court. A divorce lawyer is experienced with all the issues that may occur during divorce, including financial considerations. If you and your soon-to-be-ex-spouse differ regarding the division of assets, an attorney can help you handle financial concerns in a way that preserves your future.

Organize and Identify Your Assets

Organize Records

Identifying your assets also helps if you think your partner may try to sell or hide any community assets in an attempt to avoid dividing them with you. Bank statements, credit card statements, mortgage statements, retirement accounts, life insurance policies, and any physical assets or properties should all be accounted for. It is critical to know what you have before you begin the property division process.

Estimate the Cost of Your Divorce

Unfortunately, divorce is rarely a cheap process. Many people go into divorce not expecting its high price tag and are therefore uncertain what to do with money before a divorce begins. Whether you choose mediation to settle various aspects of your divorce out of court or engage in lengthy litigation to make decisions, divorce expenses can add up quickly. Since every divorce is different, it isn’t easy to determine the potential cost of your case. However, estimating attorney fees, moving costs, court fees, and regular monthly expenses can help to give you a better idea of how to manage your money moving forward.

Avoid Making Major Financial Decisions

Of course, divorcing is itself a major financial decision that will impact your finances. However, other major decisions, like changing your beneficiaries, closing accounts, and transferring assets before a divorce can hurt you during the divorce process. These things will be handled legally once the divorce is underway and the division of assets has begun. If you make these moves too soon, you may risk contempt of court or lose your assets to your soon-to-be-ex.

How to Prepare Finances for an Arizona Divorce

During your divorce, division of assets will result in property ownership changes, in addition to your regular and divorce-related expenses. Here are some tips for handling your finances during the chaos of a divorce.

Close Joint Accounts

Close Joint Accounts

Once you have begun the divorce process, it’s time to start closing your joint accounts. Often, bank accounts have both partners’ names, and funds will have to be transferred individually to new accounts. Joint credit cards must be canceled through the creditor, and you’ll have to open your own new credit account.

Closing joint accounts can help prevent your ex-spouse from misusing funds before the divorce is finalized. It’s important that you open a new checking and savings account in your own name and arrange income for deposits and debits for expenses to be handled through the new account. You should also keep documentation regarding when you closed your joint accounts and began your own.

Get An Asset Evaluation

Your assets are important. Whether you’re dealing with expensive collectible items, a shared family home, or your retirement fund, evaluating your assets is critical for a fair property division process. By hiring a professional to evaluate your and your ex-partner’s assets, you can ensure that the correct value is placed on each asset and that they are fairly divided during the divorce. A professional asset evaluation should be done as soon as possible to avoid delays in your divorce and prevent your partner from hiding assets.

Gather Financial Documentation

To properly handle your finances and ensure that property division occurs fairly during your divorce, you will need to collect a great deal of financial documentation. If you have not already done so prior to beginning your divorce, gather bank statements and credit card statements to help to give your lawyers and the court a better idea of how finances were used throughout your marriage. Checking and savings statements, pay stubs, credit card statements, bills, loan agreements, and income tax returns are all critical documentation needed during a divorce. These documents can help the court understand how money was handled as well as its source, such as the individual incomes of each partner.

Maintain Your Individual Credit

Your credit score plays a crucial role in many areas of your life, including your financial health. Despite the difficulties of your divorce, it’s important to maintain your credit. Unfortunately, people often complete a divorce with weak credit due to mounting expenses, their partner’s spending issues, and many other factors. It’s essential to continue building your individual credit so that you can avoid issues like higher financing rates or difficulty renting or purchasing a new property.

Don’t Forget About Insurance Policies

Insurance policies can become a complex financial task because they often affect other important aspects of your life, many of which were shared with your partner. For example, most life insurance policies will require beneficiary changes if you wish to remove your former spouse. Car insurance policies may also need to be changed if they were previously shared by both spouses or if vehicle ownership has changed.

How Can I Afford to Live on My Own After Divorce?

During a divorce, you may experience multiple different housing situations, all of which present different financial concerns. So, how does this work?

Home Sale

One Spouse Buys Out the Other

Since a home is a physical asset that cannot be split unless sold, the person remaining in the family home must often “buy out” the other spouse. This can be done via a cash out finance or forfeiture of an asset or assets of equal value. With these assets or funds from the cash out refinance in hand, the other spouse can afford a new living situation. The title will need to be transferred to the remaining spouse, and all ownership and mortgage documents should be solely under that spouse’s name.

Spouses Agree to Sell the Home

Another option is selling the family home. Sometimes, this is the best option for couples who do not have children, or cases where neither partner feels they have the finances to maintain the home on their own. With the help of a real estate agent and your lawyer, you and your partner can sell your shared home and then split the proceeds fairly. If you and your partner can’t afford to keep the home or are worried about selling it in the current market, you may also agree to rent the house to a third party. When this happens, proceeds can be split between both partners.

Other Circumstances

Unfortunately, the above options may not be available for all couples, especially if they owe more for the home than the home’s current market value. In some cases, if neither you or your partner wants to remain in the home, or neither of you feel you can afford to stay there, you may have to agree to sell the home at a loss. In more severe circumstances, foreclosure may be necessary. Moving forward, the assets retained after the divorce and your own efforts to maintain your credit should help you find a new residence you can afford.

Protect Yourself and Prepare Your Finances During a Divorce

We provide affordable legal services for any individual involved in or looking to initiate a family or divorce law case. We offer guidance as well as our professional expertise and knowledge of the law. We are located in the heart of Phoenix, but our services are digital, which allows us to help individuals throughout the state.

 

*Editor’s Note: This article was originally published March 21, 2018 and has been rewritten August 23, 2022.

High-Quality Documents for DIY Divorce in Arizona
Author Jonathan Roeder Posted on

Do I Need a Lawyer to Get a Divorce in Arizona?

In the state of Arizona, many divorces can proceed through the legal system efficiently without either party hiring a lawyer. Arizona is what’s known as a no-fault divorce state, so couples do not need to file a specific reason for their divorce. In the eyes of the Arizona court system, an adult simply no longer wishing to be married is sufficient cause for proceeding with a divorce. This process of unilateral divorce has increased the divorce rate in states like Arizona.1

Couples with complex estates may be better served by hiring an AZ lawyer specializing in high asset divorce before heading to divorce court. This will also be true if there are contentious child custody issues that need to be worked out.

However, if your shared property is simple to divide, your marriage has been fairly short, and you and your ex are amicable about making the split work for everyone involved, you may be able to proceed without the extensive services of an attorney. 2 This leaves more assets on the table for you to divide between yourselves to start your new lives. It also creates a more accessible path out of bad marriages for citizens of modest means. 3

Situations where you may want to consider obtaining the services of a lawyer for your divorce include:

  • Extensive debt
  • Child custody and child support issues
  • Large, complex estates with questions about who owns what
  • Alimony or child support battles

If none of the above apply to you, it’s a good sign that you and your ex may be candidates for a simple, low-cost DIY divorce. This process can be begun by finding and completing the proper forms.

filing your own paperwork

Alternatives to an Arizona Divorce Lawyer:

  • Completing and filing your own paperwork and representing yourselves in court
  • Hiring Arizona divorce paralegal services to help you correctly prepare and file forms without the steep costs associated with retaining a divorce attorney

Arizona Divorce Forms

When you decide to proceed with filing your own divorce in Arizona or any other state, the single most important aspect is getting all the paperwork right. You not only need to obtain the correct forms and fill them out properly, but you also need to know how and when to serve them to other parties and file them with the court.

This will often seem daunting to someone with no legal experience, at least when you first begin to research the process. You may even second guess your choice to proceed without legal counsel when you see the list of forms that can be needed for a divorce proceeding.

While it is true that all of the paperwork and supplementary materials necessary to complete a divorce can sometimes be tedious and confusing, and the help of a skilled attorney can indeed be a valuable resource, most couples with simple, uncontested divorce situations are quite capable of filling out the paperwork for themselves.

They will be equally capable of representing themselves in the simple court proceedings that typically ensue in amicable divorces where both parties are on the same page about the end of the marriage, the division of assets, and parental responsibilities.

Retaining the services of a paralegal professional with experience in divorce and family law can also be a cost-effective way to get help with divorce paperwork while still representing yourself in court and not investing in the full cost of retaining a divorce attorney.

Our informative blog will also be an invaluable resource as you move ahead and dig deeper into the process of conducting your own divorce. Your local public library is another excellent resource for self-help materials on preparing and filing a divorce.

Divorce Paperwork: Arizona Courts Are Another Resource

The Maricopa County Courthouse
Historic Maricopa County Court House

The Maricopa County Superior Court has a self-serve area with basic divorce forms and instructions that can be obtained at no cost. Other Arizona courts may offer similar materials — check with your local court clerk. Basic divorce forms can also be found online. While these materials are free, the filing party (or the plaintiff) will still need to pay any court filing fees or costs related to serving the papers to the defendant (which must be performed in a specific, legally verifiable way).

What to Consider When Filing Your Own Divorce in Arizona

Even fairly simple divorces tend to have their own complexities and considerations to be made. Every marriage and every family are different, after all. Here are some of the potentially tricky situations you may have to consider, some of which may require additional, specialized paperwork.

Minor and Dependent Children

Children are often the innocent victims who feel the brunt of the emotional trauma in a divorce. All divorce proceedings must be approached with the best interest of any involved children in mind. Custody, legal authority over decision-making, the division of parenting time, and child support will all need to be worked out. There are legal standards that must be met, so the court will need to approve any plan agreed upon between you and your ex-spouse.

Spousal Maintenance or Alimony

Spousal maintenance, also called alimony, is a legal instrument by which the party in a divorce with the more significant income remits their ex-spouse a regular payment so that they can maintain their standard of living while rebuilding their lives. If you and your ex-spouse had a simple life with an equal division of assets and have no wish to set up spousal maintenance payments, it will make the divorce faster and simpler to process.

Child Support

In the State of Arizona and many other states, child support will largely be determined by a court-established formula. The purpose of child support is similar to alimony in that it is meant to be of an adequate amount so that it allows the children of divorced couples to maintain their standard of living after the divorce. When completing paperwork related to child support, it is essential that you fill out all information about your finances and living situation completely and accurately. Any false or misleading information on such documents intended to either make you look like the better parent or make your income appear less than it truly is will subject you to serious liability if disproven in court.

What to Consider When Filing Your Own Divorce in Arizona
African student guy sit at desk hold papers tasks having difficulties with test, company lawyer read contract terms and detail feels discontented, received bad news from bank unpleasant letter concept

Shared Debts

Married couples share bank accounts on a routine basis, but they also often share credit cards, mortgages, and car loans. When a marriage ends with shared debts on the line, the divorcing couple must decide who will take responsibility for them — and if they can’t decide, the courts will. We don’t always think of debtors as a factor in divorce, but they can be major factors and stand to gain or lose a significant amount.4

Business Interests

If the couple owns one or more businesses together, the terms of the divorce will need to establish what happens with these business assets. This will begin with determining the value of the business and what share of the business can rightfully be claimed by each party. Whether the business was established during the course of the marriage or brought into the marriage by one of the parties will also play a major role.

Separate and Commingled Property

Sometimes court intervention is needed to determine what property belongs to which party in a marriage, and what property should be considered community property. 5 The value and ownership of all such property needs to be established if the parties cannot amicably divide such assets among themselves to the court’s satisfaction.

Assets and Financial Instruments

Bank accounts, retirement accounts, and investments all need to be considered just like business interests and real property. The better you and your ex-spouse can do dividing such assets up among yourselves before filing for divorce, the cheaper and faster your divorce will likely be.

If any of the above situations apply to your divorce you may want to enlist the services of a qualified attorney. If, however, you can come up with a plan to amicably work out these issues with your ex, you may be able to continue representing yourself in the divorce case.

Representing Yourself in an Arizona Divorce

If you choose to represent yourself in divorce court in the State of Arizona, you will essentially be treated as though you are an attorney. This means you will be expected to know the area of the law in which you’re practicing — in this case, family law, and divorce specifically. Make sure to read up on every step of the process before you ever serve your ex-spouse the initial divorce papers.

Know exactly what to expect, and make sure you have the following tasks in order.

  • Knowing which documents are necessary, and obtaining or drafting them
  • Understanding where to file which documents
  • Meeting important deadlines for filing documents and responding to notices
  • Keeping a court schedule and not missing hearings or appearances

Something as simple as missing a deadline can jeopardize the success of your DIY divorce and even lead to you being limited in your ability to further participate in your case on your own behalf. If you should accidentally fail to appear at a scheduled hearing, the consequences may be similarly dire as the case will likely proceed without you being there to speak for yourself.

Timeline for Initiating a Divorce Without a Lawyer in Arizona

Timeline for Initiating a Divorce Without a Lawyer in Arizona
Event planners use timetables and agendas to arrange and schedule events. On the office table, a businessman is using his mobile phone and taking notes on the calendar desk.

To be able to file for divorce in the State of Arizona, you and/or your spouse need to be a resident of the state for at least 90 days. If you do not meet these criteria, you should look into the divorce laws for the state you previously held residence or wait until you meet the 90-day Arizona criteria before proceeding with your divorce.

In the State of Arizona, the first action to be taken in a divorce case is for one spouse (who henceforth becomes the plaintiff) to file a document called a “Petition for Dissolution of Marriage” with the court clerk and pay the necessary filing fee. This fee can vary by county or jurisdiction and is routinely in the hundreds of dollars.

At this time, the other spouse (who takes on the role of defendant) must also be served with a copy of the petition, which will include a summons to court. The defendant then has 20 days from the date they were served the papers to file their written response to the court. This window is extended an additional 10 days if the party being served is out of state. In amicable cases where the spouses are working together to get the divorce processed, the formal service process can be waived through a notarized legal instrument called an “Acceptance of Service.”

 

*Editor’s Note: This article was originally published March 14, 2018 and has been updated July 25, 2022.

 

Sources

  1. Friedberg, L. (1998). Did unilateral divorce raise divorce rates? Evidence from panel data. American Economic Review, (88) 3, 608-627 Retrieved May 20, 2022, from https://www.nber.org/papers/w6398
  2. Sales, B. D., Beck, C. J., & Haan, R. K. (1992). Is self-representation a reasonable alternative to attorney representation in divorce cases. Louis ULJ, 37, 553. Retrieved May 30, 2022, from https://heinonline.org/HOL/LandingPage?handle=hein.journals/stlulj37&div=33&id=&page
  3. Yegge, R. B. (1994). Divorce Litigants Without Lawyers. Family Law Quarterly, 28(3), 407–419. http://www.jstor.org/stable/25739993
  4. Ratner, J. R. (2010). Creditor and debtor windfalls from divorce. Est. Plan. & Cmty. Prop. LJ, 3, 211. Retrieved May 30, 2022, from https://heinonline.org/HOL/LandingPage?handle=hein.journals/epcplj3&div=16&id=&page
  5. Patton, M. (2005). Quasi-Community Property in Arizona: Why Just at Divorce and Not Death. Ariz. L. Rev., 47, 167. Retrieved May 30, 2022, from https://heinonline.org/HOL/LandingPage?handle=hein.journals/arz47&div=12&id=&page
Jobs With High Divorce Rates
Author Jonathan Roeder Posted on

Pay Raise or Divorce Papers? Some Careers Sink Marriages

Though both marriage and divorce rates are declining, divorce is still fairly common in Arizona. 1 Every year, thousands of couples decide to go their separate ways and begin new lives apart from one another. For those who are in or are entering into a marriage, divorce can be an intimidating and outright scary concept.

Many people wish to know how to foretell which marriages will end in divorce. Unfortunately, there is no perfect algorithm that can determine which marriages will last and which won’t. A lot of marriages end because of a combination of factors that become insurmountable.

However, individuals in certain professions may be more likely to divorce than other people. In some cases, this may be because the job does not pay enough; economic hardship has been shown to lead to divorce.2 However, there are other factors that can lead employees in some industries to be more prone to divorce.

Bringing Work Stress Home

It should be no surprise that jobs and divorce are correlated in some way. For most people, work is a large consumer of time. It makes sense that one’s work would have some impact on one’s home and personal life.

Stress is a common part of having a job. 3 Whether you are working with your hands, sitting at a desk, or have variable responsibilities, you have likely faced tension and stress about your job. Most people want to perform their tasks well, and this adds pressure to one’s daily performance. The stress of the tasks themselves, coupled with the pressure of providing for one’s family, can create significant stress for employees.

When employees are stressed, they often bring their concerns home with them. Sometimes, they are able to discuss their concerns. In other situations, they simply bring tension from their work environment into their home. This can ignite arguments and create an unpleasant home environment if not properly managed. This kind of environment creates a situation in which pent-up outside concerns, issues, and resentments can easily arise in an argument. When these kinds of explosive fights occur between couples, they can begin to erode the marriage.

If employees are not cautious, the stress from their job can do major damage to their families and relationships. When people do not safely and properly express their emotions, they create unpleasant situations throughout their lives. These unpleasant situations often lead their partner to consider divorce.

What Jobs Are Most Associated With Divorce?

As mentioned, workers in some professions are at a higher risk for divorce than others. In some situations, the industry has added stressors that create tension in a marriage. In other situations, the employees work strange hours or long shifts, which can create a work-home imbalance. Yet, other professions create environments where it is easy to make choices that affect a marriage, such as drinking too much, going on work outings, or being unfaithful. No matter the reason, it is important to be aware if you or your spouse works in one of these industries. You may be at an elevated risk of divorce.

Gaming Managers

Gaming Managers

Gaming and casino managers seem to have the highest divorce rate of any profession, with around 52% of marriages ending in divorce. There are many possibilities regarding why this may be. Casino employees keep abnormal working hours, as their industry is busiest on nights and weekends. Gaming managers are often given drinks on the job, meaning that they may arrive home inebriated after a shift. What’s more, there are many other salacious activities that occur at casinos and gaming halls, which can easily get employees into trouble with either the law or their spouses.

Military

Military

Members of the armed forces often have high divorce rates as well. Military jobs are high-stress and require intense dedication. Many families have to move from base to base without having a say in the decision, and the work is often underpaid. In order to remain with their loved ones, military employees often marry young, which is also a risk factor for divorce.4 Military members are often stressed or on high alert, which can take a significant toll on their mental health. This can create issues and increase the tension in their marriage.

In many of these marriages, the couple does not have the time, energy, or financial resources to properly address and resolve their issues. In others, frequent deployments, military schools, and other separations can create stress, reduce the marital bond, and even invite temptation. For some military members, divorce is a solution to unhappiness.

Food Service

Food Service

Individuals who work in the food service industry are more likely to get divorced than in other industries. This includes professions such as bartending, serving, or cooking at a restaurant, nightclub, or bar. Generally speaking, long hours play a significant role in this statistic. Most food service workers have to work nights and weekends, often without significant pay. Even with tips, waitstaff and bartenders do not usually make the kind of money that would be required to offset the detrimental lifestyle.

The service industry is also highly stressful, despite the inadequate pay. Restaurants and bars are often busy, and the stressful work environment can lead to mental health issues, such as anxiety and depression. Substance abuse is also common in the service industry, which can lead to significant problems within a marriage.

Healthcare Support

Healthcare Support

Healthcare support staff positions have high rates of divorce. This category includes positions such as nursing assistants, home health aides, hospice careers, physical therapy assistants, etc. They often have to take care of a patient’s most basic needs, such as bathing and general hygiene. Some patients face terminal illnesses or end-of-life plans. These situations can easily leave an individual feeling emotionally and physically drained at the end of the day.

Though these individuals are in highly emotional and demanding situations, they do not get paid as much as nurses, physical therapists, or doctors do. This means that they may lack the resources to pay for couples’ counseling or therapy, which can often help to avoid divorce. They likely feel stressed about their financial situation, which can further erode their relationship with their spouse. Similar to military personnel, healthcare support staff may lack the time, energy, and resources to repair or maintain their marriage.

Flight Attendants

Flight Attendants

As part of their job, flight attendants travel from city to city. This often means staying overnight in hotels to wait for the next flight they must work. Sometimes they are on call for days at a time and are unable to see or speak to their families while they work. These hours can make it difficult to maintain a relationship, as it is difficult to plan time together with such an erratic schedule. If a couple is looking to get counseling, it may also be difficult to schedule appointments around flights and overnight stays. So much time apart can make it difficult to build a life with someone, and many end up getting divorced.

Telemarketers

Telemarketers

No one likes to receive calls from telemarketers, but it turns out being on the calling end of things is not so pleasant either. Telemarketing is a repetitive job with little room for advancement or job growth. As marketers change their methods frequently, there is little job security. What’s more, the pay is very low with very few rewards and perks.

These kinds of jobs breed unhappiness, resentment, and mental illness. Many people suffer low self-esteem when their job does not give them fulfillment or reward for their work. Telemarketing is one such job, and employees bring their frustration home to their spouses. This can quickly damage even the most stable of marriages.

Lowest Divorce Rates

It is worth noting that not all professions have a grim outlook as far as divorce is concerned. There are many common professions that have particularly low divorce rates, which can provide hope for some couples. Some of the professions with the lowest divorce rates include:

  • Actuaries
  • Clergy members
  • Scientists
  • Software developers
  • Physicians and surgeons
  • Chemical engineers

marriage counseling

While a job in one of these fields cannot guarantee that a couple will not get divorced, it does illustrate a key point about the connection between jobs and divorce. Many of the above positions offer competitive salaries and benefits are often included. With the additional income and healthcare support, many couples can afford counseling to work through their problems. They also likely have access to mental health support, which can help a marriage even if only one member participates.

Divorce Options for a Smoother Process

For many people, divorce is a frightening situation. Changing one’s entire life and family structure is certainly intimidating, and it can be difficult to traverse the emotions that occur during this time. What’s more, divorce often represents a significant cost. As we have seen, employees with low incomes are more likely to get divorced, meaning that the cost of the process is likely significant.

It may be helpful to know that you have options when it comes to seeking a divorce. There is no single way to get divorced, and you can tailor the process to your unique situation. Though you will have to get legal assistance during this time, you do not have to spend thousands of dollars for a litigation expert. In some cases, divorces can be relatively smooth and peaceful if both parties work together.

Explore Separation

Before you go through the legal process, it can be helpful to explore separation. This allows you and your spouse to get a reprieve from the stress of your marriage without going through the legal divorce process. In some cases, couples find that their problems reside outside of their marriage. Knowing this can save you a significant amount of time, money, and heartache.

Seek Mediation

Many couples find that mediation is a helpful alternative to courtroom litigation when negotiating divorce terms.5 Not only does this save a significant amount of time, it can lower the cost of a divorce significantly. Paying for two attorneys to represent you and your spouse in court can be oppressively expensive. However, with a mediator, there is only one person in the room with you. You and your spouse discuss your assets and how to divide them equally. The mediator is present to help move you through any disagreements and to ensure that your terms are fair and legal.

Though you will still have to appear in court for your divorce to be official, this can be a great way to negotiate the terms of your divorce. This is especially true if you and your spouse are divorcing fairly amicably and can communicate with one another with a professional present.

Disclose All Assets

Some people believe that hiding assets will help them to retain 100% of those hidden assets during a divorce. This never works the way it is intended and only slows the divorce process down. The court nearly always finds the hidden assets, and they may need to ensure that you aren’t hiding anything else. This can extend the court process and add additional fees and fines for both you and your spouse.

Use Online Document Drafting

Use Online Document Drafting

Rather than hiring an in-person attorney to draft your divorce documents, it can help to use online document drafting services. An online legal document preparer can save you time and money, while still giving you the professional divorce documents required to make your divorce legally binding. These documents are created and reviewed by attorneys who understand the needs of couples and the challenges of the divorce process. You can feel confident about your divorce documents without spending unnecessary money and time on expensive in-person divorce document drafting.

*Editor’s Note: This article was originally published Mar 13, 2018 and has been updated July 18, 2022.

Sources

  1. Sbarra D. A. (2015). Divorce and health: current trends and future directions. Psychosomatic medicine, 77(3), 227–236. https://doi.org/10.1097/PSY.0000000000000168
  2. Scott, S. B., Rhoades, G. K., Stanley, S. M., Allen, E. S., & Markman, H. J. (2013). Reasons for Divorce and Recollections of Premarital Intervention: Implications for Improving Relationship Education. Couple & family psychology, 2(2), 131–145. https://doi.org/10.1037/a0032025
  3. Mensah A. (2021). Job Stress and Mental Well-Being among Working Men and Women in Europe: The Mediating Role of Social Support. International journal of environmental research and public health, 18(5), 2494. https://doi.org/10.3390/ijerph18052494
  4. Cohen P. N. (2019). The Coming Divorce Decline. Socius : sociological research for a dynamic world, 5. https://doi.org/10.1177/2378023119873497
  5. Hahn, R. A., & Kleist, D. M. (2000). Divorce Mediation: Research and Implications for Family and Couples Counseling. The Family Journal, 8(2), 165–171. https://doi.org/10.1177/1066480700082009
Keep Your Arizona Divorce From Wrecking Your Finances
Author Jonathan Roeder Posted on

Keep Your Arizona Divorce From Wrecking Your Finances

Going through a messy divorce is sadly semi-common, but there are ways to avoid conflict. Besides open and clear communication with your ex-spouse, having a necessary grasp on your assets, childcare responsibilities, and financial accounts is key to beginning the divorce process. Avoiding bringing your case to court is a great way to save the hassle of tough proceedings, along with the expensive price tag.

One of the most important aspects of a divorce is financial stability. Ensuring your paperwork is signed and filed properly can save you time and money during your divorce proceedings.

How to File for a Divorce in Arizona

As with any legal process, the first step in filing any legal paperwork is determining the petitioner, the person filing for divorce, and the respondent. In AZ Family Court, the petitioner needs to file a Petition for Dissolution of Marriage in the Superior Court of their current residential district. Copies of each form must then be sent to the respondent. Within 20 days for in-state residents or 30 days for out-of-state residents, the respondent can file a response to the dissolution petition. After a minimum of 60 days from the delivery of the petition to your spouse, the court can decide whether to grant the dissolution.

In the initial filing, a variety of payments and agreements are outlined by the petitioner, giving the respondent a detailed list of spousal maintenance and child support stipulations. A dissolution petition is primarily used to outline the list of assets and responsibilities held by both the petitioner and respondent in the case.

The terms outlined in these proceedings can often lead to strife between you and your spouse, especially when it comes to money. For example, if you make substantially less than your spouse and want to ensure you can maintain your current standard of living with alimony payments, asking for these payments can become a major point of contention. 1

What Is a Covenant Divorce?

In Arizona, the option to have your marriage declared as a covenant marriage is available for those looking to declare their union a lifelong commitment. However, as with any former binding commitment, circumstances change. These rules may not accurately describe your current circumstances.

Before filing for a divorce, couples in a covenant marriage must seek counseling from a marriage counselor or clergy member before proceeding with the divorce. There also must be tangible evidence for your divorce, including:

  • Adultery, or having extramarital relations
  • Imprisonment of spouse
  • Abandonment by spouse
  • Proof of physical or sexual abuse against you or your family
  • Proof of domestic violence, including emotional abuse
  • Previous residential separation for at least two years
  • Residential separation for at least one year from legal separation
  • Drug use by spouse
  • Mutually agreeing to a divorce

At the moment, a covenant marriage may seem like the best way to prove your eternal love for your spouse. If you start to hit a rough patch at some point during your marriage, though, these unions can become unreasonably tricky to undo.

Between compiling a case to attending legally mandated marriage counseling, covenant marriages and their subsequent divorces can become extremely time-consuming and expensive. Although somewhat complicated, covenant marriage dissolution is possible, and with the right attention to detail and evidence, you can properly file for a divorce. 2

Why Do Divorce Proceedings Become Hostile?

Why Do Divorce Proceedings Become Hostile?

When it comes to family law, one of the most tension-filled practice areas is divorce litigation, which tends to bring out hostility in both parties involved. Before filing for a divorce, the reasoning behind why you file a divorce can impact the relationship you have with your spouse, which then transfers into your divorce trial.

However, Arizona is a no-fault divorce state, meaning either party can file for divorce without any allegations of adultery, domestic violence, or other issues. Still, if you are the filing party and your spouse is not ready for a divorce, this can make any further divorce proceedings far more complicated.

Besides adultery, abuse, and unwillingness to get a divorce, finances are a common issue that creates excess tension in divorce proceedings. Ranging from proposed settlements to asset division, any aspect of a divorce that has a price tag can become a point of hostility. Suggested alimony payments and decisions concerning who retains what assets can be the source of conflict due to the monetary value placed on each.

In cases involving children, child support payments and custody arrangements can cause strife between spouses, especially if both want full custody. Fortunately, the best interests of the children are the primary concern of the court, and any final decisions concerning the child’s well-being rest in the state’s hands.3

Options for Avoiding Hostile Divorce Proceedings

Lengthy divorce proceedings overseen by the court is not the only option for legal marriage dissolution. In the movies, depictions of courtroom divorce hearings have created the expectation of going to court to obtain a legal separation or divorce, but this is only true on screen. Avoiding the courtroom, whether that be through faster, more streamlined legal filing or individualized legal counsel is always beneficial for a divorce case.

Besides helping you efficiently determine the terms of your divorce, keeping your case out of the courtroom is better for your peace of mind and your wallet. Here are some of the most common ways to avoid taking your divorce to court.

Filing a Response to the Dissolution Petition

If you end up as the respondent in a divorce case, filing a response to a dissolution petition is a great way to combat any unfair stipulations laid out by your former spouse. For example, consider a situation where you primarily take care of your children and handle any of their personal paperwork, doctor’s appointments, and sports games, but your spouse is asking for full custody in their dissolution petition. As the de-facto primary caregiver for your children, you have a better handle on how to care for them, so filing to become the primary caregiver for your children could be in your best interest. This is still the beginning of the process, and clearing up any issues like this is crucial for creating a more streamlined divorce process.

Utilizing a Consent Decree

A consent decree is a legal document that can grant a divorce if all terms laid out by both spouses are agreed upon without renegotiations. Payment plans for child support, child visitation schedules, and property division are all outlined in these proceedings. For couples on better terms, or those filing an uncontested divorce, a consent decree helps expedite divorce proceedings. One of the best ways to help facilitate this process is by getting help with legal documents from a reputable firm or legal service. This can help you lay out an accurate, feasible divorce plan achievable by both you and your spouse.

Deciding in Mediation

Fortunately, with divorce proceedings, reaching the mediation stage is required before going to trial. In most cases, this phase of the divorce process is crucial for working out any big issues between you and your spouse. To avoid going to trial, mediation can create a space where both you and your spouse can explain and outline the reasons for each request in your statements. For example, if you request a certain amount in alimony that may seem exorbitant to your spouse, but you helped pay for the necessary schooling they needed to make the money they do now, explaining your reasoning behind the amount can help provide evidence to help support your claim.

Divorce proceedings do not need to be hostile, and the available avenues for avoiding a “War of the Roses” style of divorce are endless. One overarching factor crucial for ensuring a productive divorce hearing is filing the right paperwork for the right claims. If you are filing a response to a dissolution petition, clearly outlining which stipulations you are contesting is crucial for the process. For consent decrees and mediation, tactfully advocating for your necessary provisions is crucial for keeping your case from going to trial and getting out of hand. 4

Is Divorce Always Expensive?

The length of time the divorce process takes, especially the amount of time it takes to settle your case once filed, is where the bulk of the expense originates. Between paying lawyers, going through rounds of mediation, and making your court appearance, the price tag on a divorce trial can quickly get expensive. Not to mention, the deliberation process for asset division will determine how much money, alimony, child support, and other valuable assets you must give to your spouse as an outcome of the trial.

The speed of your trial all comes down to the efficiency of your filing process. For example, if you are the respondent of a case and take more than the allotted time to respond to a claim, your feedback on the case, along with your input on the different stipulations in the dissolution petition, could be cast aside.

That means you need to find a legal team to take up your claim as a last-ditch effort to get your perspective on the petition considered during the deliberation process. Utilizing an easily accessible document preparation service with an online platform can not only help you get ready for your divorce and get prepared for the legal process ahead, but can result in reduced stress and other mental health benefits. 5

Easier Divorce Filings in Arizona

Easier Divorce Filings in Arizona

Finding affordable divorce lawyers in Mesa may seem tricky, but getting expert help with legal documents like divorce paperwork is essential for streamlining your divorce. Filing deadlines, paperwork requirements, and general knowledge about the legal process behind a divorce are crucial for creating a faster, less expensive trial.

After tightening up the paperwork side of your divorce, the subsequent deliberations and meetings can be conducted and settled promptly. This efficient take on the divorce process begins with a competent legal team with expert knowledge in the realm of Arizona family court.

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default divorce in Arizona
Author Jonathan Roeder Posted on

Understanding Default Divorce in Arizona

Divorce is never easy. In general, one party will file a divorce complaint to be served to the other party. Then both parties come together to complete the process of legally dissolving the marriage. In certain circumstances, there is a failure of the receiving party to acknowledge the divorce proceedings. This can result in what the courts call a default divorce.

Divorce Options in Arizona

Mediation is one approach that can help improve outcomes, but it requires open communication and the ability to work together. 1 In mediation, the two parties come together with a third party who acts as a mediator. This process can take place in a law office or in a space that works as a neutral ground for both parties.

Through mediation, the splitting couple makes important decisions together concerning property division and child support. Successful mediation can expedite the divorce process and set a solid foundation for the fair division of assets and healthy co-parenting. In mediation, you may not need the assistance of separate attorneys for each party since you are making decisions collaboratively with your ex-partner.

Most divorce proceedings are accomplished in a court of law. In a court setting, it is normal for each party to retain their own attorney to clearly and effectively communicate their needs to a judge. This is ideal for divorces that may be more complicated due to assets, property, or children. In this scenario, both parties present their side of the situation to a judge who will make the final decisions regarding child support and the division of assets and property.

On some occasions, one party may be uncooperative. They may even ignore the paperwork and refuse to take part in the proceedings. When this happens, a default divorce could be granted. A default divorce can move along quickly, but this speed often comes at the expense of the served party’s wishes or desires.

The Divorce Process

In Arizona, any divorce begins with one party petitioning for divorce. The petition will detail the reasons (or grounds) for the divorce and include contact information for the other party involved. The person filing for the divorce has a responsibility to ensure that the other party is served the Petition for Dissolution of Marriage.

This is an official document the Clerk of Court issues. It clearly states that the receiving party must file a response to the petition that admits or denies any listed allegations and also provides the served party the means to add any counter allegations to the case. This response must be in writing and is then filed with the court. There is a specific timeframe within which the court must receive the petition.

It is crucial that this important paperwork isn’t ignored. Most receiving parties will choose to hire a quality attorney at this point. An attorney can help ensure that the response is well-developed, meets the needs of the receiving party, and is submitted on time to the right location. It is also important that the response is in written form.

A verbal acknowledgment of the petition doesn’t stand up in court. So even if the receiving party told the filing party what they wanted out of the proceedings, without it in writing, that communication can be ignored in a court of law. If there is a failure to respond, the filing party can continue with the divorce. This is known as a default divorce.

What Makes a Default Divorce Different?

Arizona divorce information

The process of default divorce differs drastically from other divorce proceedings. A default divorce is a proceeding where one party receives a judgment of divorce based on the other party’s failure to file a response during the timeframe provided by law. The circumstances that can allow for this type of divorce vary.

These circumstances include:

  • Non-filing spouse refuses to participate
  • The filing spouse is unable to locate the other
  • Both parties agree to enter a default judgment

Default Divorces tend to process faster since the demands and desired outcomes of the divorce are one-sided. This can lead to less than ideal settlements for the party who failed to respond to the initial divorce filing.

In Arizona, a spouse has 20-30 days to submit their written response concerning the divorce decree. 2 It depends on if the receiving party was properly served as well as whether that person resides in the state of Arizona. Twenty days are the norm for those living in Arizona and 30 days for those living out of state. If this time passes and there is still no formal, written response, the filing party will need to file an Application and Affidavit of Default within the court. This application also needs to be sent to the spouse, who will have 10 days to respond. If they continue to fail to respond within the deadline, you can request a default hearing.

Default Divorce Proceedings

Discussing divorce in Arizona

The hearing process for default divorces can proceed rather quickly once it has been determined that no response will be received. Odds are the filing party will be the only one in attendance at the hearing. The judge will have questions that need to be answered and will vary depending on the jurisdiction. The judge will normally check to make sure that the filing party meets the residency requirements for a marriage dissolution in Arizona.

A judge will determine if the marriage is truly irreconcilable and can’t be salvaged through marriage counseling. The judge will also ask if there is a pregnancy or other extenuating circumstances involved. The judge will conclude by asking if the terms of the dissolution are fair when it comes to property division.

If a child is shared, a judge will also confirm that the orders surrounding custody and child support are in the child’s best interest. 3 Once the judge has asked all the required questions, they will sign a Default Divorce Decree. This decree needs to be served to the former spouse within three days.

In some circumstances, the receiving party may choose not to respond because they agree to everything in the filer’s petition. Under such circumstances, the process should continue forward rapidly. Your other option would be an uncontested divorce through a consent decree. This decree will cover all the important information of the marriage and its breakdown, much like the information that would be included in a standard petition for dissolution of marriage.

Risks of Default Divorce

Any type of divorce comes with unique challenges and risks. Even in the most amicable divorces, there is still stress and risk involved. 4 When it comes to default divorces, there are unique risks for both the petitioner and the receiving party. For the petitioner, there is a chance that the former spouse could fight the default divorce process. This would require adequate proof that the petitioner didn’t put in the effort to locate their spouse and serve the petition correctly.

Failing to properly serve the receiving spouse changes proceedings dramatically and could even cause a court to reopen and amend a completed default divorce. Even if the decision ultimately stands, this process is still a hassle. It can take up a lot of time, resulting in additional attorney fees.

The respondent also has a number of risks to consider. It is understandable that divorce can feel overwhelming, and it can make it difficult to respond within the timeframe you’re legally required to. 5 However, not responding can result in the biggest decisions being made without your input. The largest risk is your voice and concerns going unheard.

The judge will base his decisions on the allegations and decisions covered by the initial petition. This petition often covers several issues, such as property division and support payments. With no response on file, the judge may make a decision that doesn’t represent what you would have liked to accomplish through the divorce proceeding. As a respondent, you can petition the court if you feel as though you weren’t properly served or notified. If you find yourself in this situation, it is important to contact a divorce attorney who understands the complex rules and guidelines of divorce proceedings in Arizona.

How Long Does a Default Divorce Take in Arizona?

In most cases, divorce finalization in Arizona requires a mandatory 60-day waiting period after the divorce petition is filed. The time frame largely depends on the type of proceeding. With mediation, the process can move along rather quickly since the two parties have a willingness to work together.

In court proceedings, this largely depends on disagreements concerning major issues in the petition. Depending on the severity, this could drag divorce proceedings into months, sometimes years, of court sessions before a final decision is met. A default divorce, however, tends to move quickly.6

A default divorce can be finalized at the default hearing. This means that you’ll have the mandatory response time from the initial petition, which is 20-30 days, as well as the 10 days they are given to respond to the Application and Affidavit for Default. This means your default divorce could be finalized in as little as 30-40 days if everything goes smoothly.

Default Divorce in Arizona

Proceeding with a divorce is never easy. In Arizona, you have a few different options for divorce proceedings. Divorce proceedings all begin the same with a Petition for Dissolution of Marriage. What follows largely determines the path of the divorce. A default divorce is rarely the ideal situation but can happen due to the failure of the other party to respond.

In many instances, this means the filing party will receive exactly what they were hoping to get through the divorce proceedings. This can also mean that the other party gets no say in terms of the divorce, potentially including custody of minor children. This process can move extremely fast since there is no back and forth to work through.

Sources:

 

 

 

    • Dew, J., Britt, S., Huston, S. (2012). Examining the relationship between financial issues and divorce. Family Relations, 61(4), 615–628.

 

    • Lehr, R., & MacMillan, P. (2001). The Psychological and Emotional Impact of Divorce: The Noncustodial Fathers’ Perspective. Families in Society, 82(4), 373–382. https://doi.org/10.1606/1044-3894.186

 

 

Tips for Protecting Children From Conflict During Divorce in AZ
Author Jonathan Roeder Posted on

Tips for Protecting Children From Conflict During Divorce in AZ

It’s no secret that divorce can be a difficult time for children. From feeling caught in the middle of their parents’ arguments to dealing with the stress and anxiety of change, kids often struggle when their parents split up. However, parents can do things to help make the transition easier for their kids while they deal with their own emotions. By working together to keep conflict to a minimum, communicating openly with their children, and seeking outside support when needed, divorcing parents can help their kids adjust to this new chapter in their lives.

Remove the Cause of Conflict

The first step to protecting children from conflict during divorce is to remove the cause of the conflict. The specific cause will be different in every situation, but some common examples include financial stress, infidelity, or constant arguing.

If the cause of the conflict is not removed, the impact this can have on children can be significant. They may feel stuck in the middle of their parents’ arguments. They might also worry that the divorce means one parent will leave them, or they may feel like they need to choose sides.

All these scenarios can lead to anxiety, depression, and behavioral issues in children. These are very personal decisions that need to be made on a case-by-case basis, but if parents can find a way to remove the cause of conflict, it can go a long way in protecting their children from unnecessary details about the divorce.

Learn New Skills for Dealing With Conflict

Learn New Skills for Dealing With Conflict

The next step is to learn new skills for dealing with conflict. This can be done through therapy, support groups, or books. Some skills divorcing parents can learn include:

  1. Active Listening

    This is a strategic form of listening that involves giving your full attention to the person speaking, paraphrasing what they say, and making sure you understand their perspective. 1

  2. Assertiveness

    This is the ability to state your needs in a clear and respectful way that doesn’t involve putting down the other person.

  3. Compromise

    Compromising means reaching an agreement that is acceptable to both parties, often by giving up something important to you in return for something that is important to the other person.

  4. Empathy

    This involves the ability to deeply understand and share the feelings of another person by putting yourself in their shoes.

  5. Conflict Resolution

    This is the process of coming to an agreement when there is a disagreement. From identifying the problem and brainstorming solutions to implementing the agreed-upon solution, conflict resolution skills can help divorcing parents reach a resolution that is in the best interest of their children.

Keep Children Out of the Middle

Another important step is to keep children out of the middle. This means parents should avoid talking about the divorce in front of their children. They should not use their children as messengers to communicate with the other parent, and they should not ask their children to take sides. 2

While it may be tempting to use children to get information from the other parent or to vent about the divorce, it is important to remember that this puts a lot of pressure on children. They did not ask for this divorce and they should not be put in the position of feeling like they need to choose sides. This can lead to a lot of guilt and confusion for children, which can impact their mental and emotional health.

If parents can find a way to communicate with each other without involving their child, it can go a long way to protect the child from the stress and anxiety that can come with being caught in the middle.

Control Your Emotions to the Best of Your Ability

It is also important for parents to try to control their emotions to the best of their ability. 3This means avoiding yelling, name-calling, and put-downs. It also means avoiding making threats or ultimatums.

When emotions are running high, it can be difficult to control what you say. But it is important to remember that your words can have a big impact on your children. They are likely already feeling scared and confused, and they don’t need to see their parents fighting.

If you find you are having trouble controlling your emotions, it may be helpful to step away from the situation and take some time to calm down. Once you have had a chance to cool off, you can then approach the situation in a more constructive way.

Prepare for Long-Term Conflict

While it is important to try to resolve conflict in a positive way, it is also important to prepare for the possibility of long-term conflict. This means having a plan in place for how you will deal with conflict if it arises.

Not all conflicts can be resolved. In some cases, you may need to agree to disagree. This doesn’t mean you can’t still be civil to each other, but it does mean that you may need to find a way to co-parent without agreeing on everything. Reminding each other of your mutual goal of what is best for your children can help you stay focused on what is important, even when you don’t see eye to eye.

If you are preparing for a divorce, it is important to talk to a lawyer about your rights and responsibilities. They can help you understand the legal process and what you can expect. The long-term conflict may not always be avoidable but having a plan in place can help you deal with it in a more constructive way. It is also beneficial to seek out support from adult friends and family. They can provide you with a listening ear and a shoulder to cry on.

No matter what, remember that you are not alone. There are many resources available to help you through this difficult time and be best prepared for the future.

Divorce Resources

Contain Any Anger or Frustration

Feelings of anger and frustration are common emotions during and after a divorce. However, it is important to try to contain these emotions as much as possible, especially when around your children.

Active displays of anger, such as yelling or name-calling, can be very scary for children. They may not understand what is happening, and they may feel like they are to blame.

It is okay to feel angry and frustrated, but it is crucial to find healthy ways to deal with these emotions. This may mean talking to a friend or therapist, going for a run, or writing in a journal.

Avoid Fostering Any Loyalty Conflicts

During and after a divorce, it is common for children to feel loyal to both parents. They may love both parents and want them to be happy, even if they are no longer together. This can lead to conflict if children feel like they have to choose between their parents.

Some examples of loyalty conflict include:

  • A child may feel like they must choose which parent to spend holidays with.
  • A child may feel torn between parents if they have different rules or expectations.
  • A child may feel like they need to keep secrets from one parent to avoid upsetting the other.

To avoid this, it is important to try not to put your children in the middle of any conflict. This means avoid talking about your ex in a negative way, asking your children to take sides, or using them as a sounding board for your own emotions. It is also important to be respectful of your co-parent in front of your children. This means avoiding talking badly about them, arguing with them, or trying to undermine their authority.

If you find yourself having conflicting emotions about your loyalty to your ex, it is important to talk to a therapist or counselor. They can help you work through these emotions in a constructive way.

Focus on Constructive Arguments

It is normal for divorced parents to disagree with each other from time to time. However, it is important to try to keep these disagreements constructive. This means avoiding arguing in front of your children, name-calling, or making personal attacks.

If you find yourself disagreeing with your co-parent, try to remain calm and respectful. Listen to their point of view, even if you do not agree with it. It is also important to avoid getting defensive and try to see their side of the issue.

In some cases, it may be helpful to take a break from the conversation if you feel like it is getting too heated. This means walking away or agreeing to disagree. Once you have both had time to calm down, you can try to resume the discussion in a more constructive way. This can protect your children from being caught in the middle of a heated argument that they have no control over.

Never Deny Parenting Time

Never Deny Parenting Time

It is important to remember that even though you are divorced, your children still have two parents. This means they should have the opportunity to spend time with both parents, even if it is not equal. 4

To avoid conflict, it is important to never deny parenting time to your co-parent. This means if they have scheduled visitation, try to keep it as scheduled. If there is a legitimate reason why the visitation must be changed, work with your co-parent to find a solution that works for both of you. When this happens, openly communicate with your children about exactly why this change is happening. If they can follow the logic behind the decision, it will be less likely to cause conflict.

Keep in mind that your children may not always want to spend time with both parents. This is normal and should not be seen as a sign of loyalty conflict. It is important to encourage your children to spend time with both parents, but ultimately, the decision should be up to them. They may already be feeling pulled in different directions and may need some time to adjust to the new family dynamic. Children feel a lack of control when parents go through a divorce, so it is important to try to give them some control back when it comes to decisions about parenting time.

Focus on Positive Affirmations About the Other Parent

To help reduce loyalty conflict or combat negative feelings, be sure to focus on the positive aspects of the other parent. This means looking for things that you appreciate about them as a person or as a parent and ensuring your children hear the same message. 5

It is also crucial to avoid speaking negatively about the other parent in front of your children. This can be difficult, especially if you are still angry about the divorce or have a difficult relationship with your ex. However, remember that your children love both of their parents, and hearing negative things about either one can be very confusing and upsetting.

If you find yourself struggling to say anything positive about the other parent, it may be helpful to take some time to reflect on why you feel that way. If there are legitimate concerns, address them in a constructive way. This means communicating directly with the other parent or, if necessary, involving a third party such as a therapist or mediator.

When Children Are a Cause of Conflict

In some cases, children can be a cause of conflict between parents. Common emotional or behavioral problems, such as acting out or not listening, can be frustrating for parents. As these issues progress and do not resolve, they can lead to more serious conflict between both parents. A lack of communication about how to discipline the child or how to handle the behavioral issue can further divide the parents.

If you find yourself in this situation, try to remain calm and constructive. It can be helpful to talk to your co-parent about your concerns and see if you can mutually deal with the issue. If you cannot reach an agreement, you may need to seek out the help of a mediator or counselor. Remember, you are not alone. Many parents find themselves in this situation, and there is no shame in seeking help.

It is also important to remember children are not to blame for conflict between parents. In some cases, conflict may be due to differences in parenting styles or values. If this is the case, you’ll want to try to find a way to respect differences and work together for the sake of your children. Remember that children are not purposely trying to cause conflict. In most cases, they are just trying to express their own emotions and needs.

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