Ashley Donovan Law, PLLC
Tempe Family Law Attorney
480-900-5334
Areas & Topics

Tempe Arizona Family Law Blog

A guide to the process of an Arizona divorce

Taking the decision to move forward with a divorce is no easy and quick decision. Unlike a breakup that occurs when a couple is not married, divorce is a legal proceeding that involves many elements. Divorcing spouses will need to finalize any outstanding issues such as the division of assets and child custody arrangements before they are able to go their separate ways.

If you are considering filing for divorce, it is important that you pay close attention to the laws in your state. This article will give an overview of the timeline and laws that apply when going through a divorce in Arizona.

What arguments are a sign of an impending divorce?

Even couples in the most healthy marriages argue from time to time. But those in unhappy marriages are likely to argue in a more toxic way and about certain topics. If you are going through a rough patch in your marriage, you may be starting to wonder whether divorce is a possibility. To gain a better view of this, you may want to consider the types of arguments that you are frequently having.

By understanding the current health of your marriage, you may be able to address the underlying issues. If divorce is the most likely eventuality, you'll also be able to take action to put a divorce strategy in place. The following are some of the most common arguments that couples have before filing for divorce.

Do you need to seek a protective order from the court?

It is a sad fact that far too often, domestic violence is at the root of an Arizona divorce. Nobody should ever live in fear of violence within the walls of the home that should be their sanctuary. The good news is that there is help available for those who need it regarding domestic violence.

If your spouse has harmed you or even just threatened to harm you if you attempt to seek a divorce, you may need to obtain a protective order (PO) against them from the courts.

Know when to battle with your ex over custody disagreements

Many things can make child custody situations more difficult than they have to be. One of these is when you have a co-parent who is uncooperative. Part of the basis of this type of parenting arrangement is that both parents work together for the good of the children. When this doesn't happen, you might have to reevaluate the style of parenting you're using for the children.

One of the most important things to remember when you're in this position is that the only thing that matters is how the children are faring. There might be times that you and your ex have to agree to disagree. Taking a step back in these cases may help you to put things into perspective.

Narcissists make divorce a miserable process

The process of ending a marriage is challenging. Not only are you dealing with the legal matters, you're also having to handle the social, emotional and logistical aspects. While there are many things that can make it more difficult to go through the process, having to deal with an ex who's narcissistic is one that can make things much worse.

If you're dealing with this situation, you have to think ahead so that you can determine how you're going to react to various tactics the narcissist will use to try to control the situation.

What is spousal maintenance?

When two people go through a divorce, one spouse will likely suffer financially as a result. This is because married couples tend to be financially dependent on each other. If you are considering divorce but you are worried about the way that you will be negatively affected from a financial perspective, you must take the time to understand how spousal maintenance works.

Spousal maintenance, otherwise known as spousal support or alimony, is governed on a state level. Arizona takes a needs-based approach when deciding whether to award spousal maintenance to a spouse, meaning that the outcome will depend on your circumstances. The following is an overview of what you need to know if you want to gain spousal maintenance in Arizona.

Community property issues that can arise in Arizona

The experience that you will have when going through a divorce will likely depend to a certain extent on the state in which you are divorcing. This is because state laws dictate many aspects of divorce, including how assets are divided. If you are going through a divorce in Arizona, it is, therefore, important that you observe the laws in place so that you are prepared for what to expect.

Arizona is one of the few states in the country that recognizes community property. This means that the state views all marital property as being equal, regardless of which spouse contributed most to the acquisition of funds. This means, as a general rule, all assets that are deemed to be marital in a divorce will be split between spouses 50/50. The following are common community property issues that can arise in Arizona.

Every divorce case is unique

If you decide that you want to ask for a divorce, your first instinct may be to talk to your friends or family members who have gone through it. You want to find out what it was like for them and learn what steps you should take. You want to know not only what mistakes to watch out for but how to get this process going.

It can help to talk to those who have done this before, but be very careful about taking direct advice from them. You can't compare two divorce cases. They are all unique, depending on the specific facts of the case. Let's consider come of those facts.

Choose the best divorce dispute resolution method for you

For many facing a divorce, the way that disputes are navigated will be one of the most defining factors for success. Just like in any challenge, the way that adversities are handled can be the difference between success and failure.

The most traditional choice when handling a divorce dispute is to go through litigation in court. While this can be appropriate in particularly complex cases, litigation fees are expensive and going to court to make a case against your ex can be a stressful and traumatic process. This is why many divorcing spouses decide that they want to engage in alternative dispute resolution methods. The following are some of the most common dispute resolution methods that you may want to consider.

Think twice about moving out during a divorce

Tension, hostility and anger usually come as part of the territory when going through a divorce. This is why it is common for one spouse to want to leave the family home during the process. They will likely see many positives to this: It will prevent the children from being witness to arguments between their parents, it will allow both spouses to spend time apart and it will enable the divorce process to move forward more smoothly.

These positive outcomes are usually true for most couples who live apart during the divorce proceedings. However, it is important to recognize that the person who has chosen to move out may experience many negative ramifications. The following are some reasons why you should think twice before moving out during a divorce.

Contact

Ashley Donovan Law, PLLC
4015 S. McClintock Dr.
#106
Tempe, AZ 85282

Phone: 480-900-5334
Fax: 480-304-3087
Map & Directions

Virtual Meetings Available: To better serve you during the current COVID-19 situation, we are offering remote consultations and virtual meetings. Please contact our office to discuss what meeting options best fits your situation. Call us at 480-900-5334.