Tempe Arizona Family Law Blog

If a marriage feels as though it is heading for divorce, a compelling option is moving out of the family home. Living with your estranged spouse can create an extremely toxic environment, and this can lead to near-constant arguments that, in turn, will have an impact on your children.

However, there are many reasons why taking the initiative to move out of the family home before or during the divorce proceedings can be problematic. The following are some reasons why you should consider avoiding moving out of the family home.

When going through a divorce, you will want to try and get the ordeal completed as quickly as possible, but at the same time, it will be vital that you get the agreement that you deserve. For example, you will want to make sure that you are satisfied with the decisions made regarding child support and visitation, and you will also need to reach a fair conclusion financially, in regard to asset division and alimony.

When divorcing spouses can agree on all of these details, they will likely be able to go through an uncontested divorce. This tends to be quicker and more economically efficient than contested divorces, because contested divorces require additional legal services and preparation.

When going through a divorce, the laws of the state you reside in are very important to pay attention to when dividing property. While most states follow equitable distribution laws, the state of Arizona is one of nine states that follow community property laws.

When a state follows community property law, it essentially means that property held up in the marriage is considered legally as joint property, irrespective of which spouse acquired it. In addition, other factors, such as the attribution of blame for the breakdown of the marriage, are not taken into account when dividing assets.

Many people have the tendency to believe that when they have been accused of domestic violence by the other parent of their children, there is no hope to ever be able to gain custody. While accusations of domestic violence will always be taken very seriously by child custody courts and by law enforcement in general, a fair judgment will always be sought.

If you have been accused of domestic violence in the state of Arizona and want to be able to gain or maintain custody of your children, it is important that you take the time to understand how the law works. You should not lose hope of having visitation rights, since there are many ways to prove that you will not pose a threat to your children.