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What Should I Do Before Filing Divorce in Arizona | Hildebrand Law, PC

Tue 3rd Sep, 2019 Arizona Divorce Laws

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Things You Should Do Before Filing for Divorce in Arizona

Many people ask what should I do before filing a divorce in Arizona.

It is important for you to know what you should do before filing for a divorce in Arizona.

According to the American Psychological Association, between 40 and 50 percent of U.S. marriages end in divorce.

That number is even higher if it’s a subsequent marriage.

So if you are considering divorce, you are not alone.

But there are a few things you should get in order before you actually file for divorce.

Look Into Your Health Insurance Coverage Before Filing for Divorce in Arizona

Many married couples use only one person’s health insurance.

This is especially true when families are covering children.

However, once you get divorced, this will be problematic. You and your ex-spouse will each need coverage.

Most people get health insurance through their employer.

You could each elect your own employer’s coverage if you are both employed. Divorce typically qualifies as a life event that will allow you to elect coverage outside of the normal open enrollment window.

If you or your spouse is not employed, another option for health coverage will need to be secured.

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Evaluate Your Debts Before Filing for Divorce in Arizona

Do you and your spouse share debt and have you thought of the community property debts incurred during your marriage? Student loans, car loans, mortgages, and personal loans can all be sources of debt. Before you file for divorce, get a good handle on your finances and your exact amount of debt.

Once you understand your financial situation, you have to determine whether you could take on paying that debt back if it is split between you two during the divorce process.

If not, you may need to consider getting another job, looking into payment options and talking with a lawyer about how to handle your next steps.

You should never stay in a bad marriage because of debt, but you should have a clear picture of how that debt will affect you as you move forward with your life.

Ask yourself whether you should sell the family home, sell a car, or move to a less-expensive area.

Determine Your Housing Needs Before Filing for Divorce in Arizona

Determine Your Housing Needs Before Filing for Divorce in Arizona.

It’s unlikely you and your ex-spouse will live together after divorce.

You need a plan for housing.

Step one in determining where you will live is understanding how much you can afford.

This goes back to understanding your finances and debts.

Child support can offset some of your costs if you have children and they will live with you.

The exact amount will be decided during the divorce process, but the initial calculator can help you plan how much you can afford in terms of housing.

Alimony (or spousal support) may or may not be awarded during the divorce.

This will vary greatly from marriage to marriage and from state to state.

It’s best to have a consultation with an experienced Arizona family law attorney to get an idea of what you can expect to receive or expect to pay in child support and alimony before filing for divorce in Arizona.

Beyond the cost of your housing, you should also consider the location.

If you are hoping to move out of state, you should speak to a lawyer first.

It can be difficult to move away with your children once you get divorced in Arizona. You should most definitely speak to an experienced Arizona family law attorney if you are contemplating moving yourself and your children to another state prior to filing for divorce because there could be serious consequences as a result of such a move.

A lawyer will be able to help you plan ahead and understand the ramifications of filing in one state and moving to another.

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Determine Your Need for Job Training Before Filing for Divorce in Arizona

Do you have a job? Do you need more training to earn enough income after getting divorced?

For some people, they have been out of the workforce for a period of time. For others, they may realize they need to earn more money to support themselves after divorce and may want to complete a program that leads to higher earnings before filing for divorce.

This is something to consider before you file for divorce.

If you need a job or job training, start looking into it now.

Prepare or update your resume and start applying for positions or look into job training options.

At a minimum, you can make some decisions about the job path you’d like to take and what is required to get there.

Evaluate Your Retirement Plan Before Filing for Divorce in Arizona

If you or your spouse has retirement accounts, such as a 401k or a Roth IRA, the community portion of these accounts will very likely be equally divide.

The division of assets, which includes dividing retirement accounts, will be decided during the actual divorce.

However, you need a long-term plan for retirement.

Once you get divorced, it will be up to you to save for your own retirement.

If you are the one who has the retirement account and will be dividing it with your spouse, you need to understand that you may lose half of the balance in those retirement accounts. Consider how this will impact your retirement plans.

Will you need to work longer and retire at a later age?

All of these issues should be considered before you file for divorce.

Knowing where you will be at when you reach your desired retirement age will make your divorce much smoother, and it will enable you to move forward with your life much faster.

FAQ: What Should You Do Before Filing for Divorce in Arizona?

What should I do before filing for divorce in Arizona?

Before filing for divorce in Arizona, it is important to evaluate your financial situation, health insurance coverage, housing needs, employment prospects, retirement accounts, and any debts you share with your spouse. Taking time to prepare can help reduce stress and position you for a smoother divorce process.

Why is health insurance important before filing for divorce?

Many married couples share health insurance through one spouse’s employer. After a divorce, each spouse typically needs separate coverage. Before filing, review your insurance options, determine whether you qualify for employer-sponsored coverage, and explore alternative plans if necessary.

Can I stay on my spouse’s health insurance after divorce in Arizona?

In most cases, a spouse cannot remain on the other spouse’s employer-sponsored health insurance plan after the divorce is finalized. It is wise to research replacement coverage before initiating divorce proceedings.

How should I prepare financially before filing for divorce?

Prepare Financially Before Filing for Divorce in Arizona.

Start by gathering financial records and identifying all marital debts and assets. Review bank accounts, credit card balances, mortgages, vehicle loans, student loans, retirement accounts, and investment accounts. Understanding your complete financial picture can help you make informed decisions throughout the divorce.

What debts are considered during an Arizona divorce?

Arizona is a community property state, meaning many debts incurred during the marriage may be considered community obligations. Common examples include mortgages, car loans, credit card debt, personal loans, and, in some circumstances, certain educational debts.

Should I pay off debt before filing for divorce?

Whether paying off debt before filing is beneficial depends on your specific circumstances. It is important to understand how debt may be divided and consult with a qualified Arizona divorce attorney before making significant financial decisions.

How do I determine where I will live after divorce?

Before filing for divorce, evaluate your post-divorce budget and determine what type of housing you can realistically afford. Consider rent, mortgage payments, utilities, transportation costs, and the needs of any children involved.

Should I move out before filing for divorce in Arizona?

Moving out before filing for divorce can have legal and financial implications, especially when children are involved. Consulting an experienced family law attorney before relocating can help you avoid unintended consequences.

Can I move out of Arizona with my children before filing for divorce?

Relocating with children before or during a divorce can create significant legal issues. Arizona courts carefully evaluate parental relocation matters, and moving without proper legal guidance may negatively impact your case.

How do child support and spousal maintenance affect divorce planning?

Potential child support and spousal maintenance payments can significantly impact your financial future. Understanding whether you may receive or pay support can help you develop a realistic budget before filing for divorce.

Should I get job training before filing for divorce?

If you have been out of the workforce or need additional income to support yourself after divorce, pursuing job training or educational opportunities before filing may improve your financial stability and future earning potential.

What if I haven’t worked in several years?

Many spouses returning to the workforce after a long absence benefit from updating their resumes, networking, exploring career opportunities, and identifying training programs that can increase their employability.

What happens to retirement accounts in an Arizona divorce?

Retirement assets accumulated during the marriage may be subject to division during divorce. Common accounts include 401(k)s, pensions, IRAs, and other retirement savings plans. Understanding the value of these accounts can help you prepare for the financial impact of divorce.

Should I review my retirement plan before filing for divorce?

Yes. Divorce can significantly affect retirement savings and long-term financial goals. Evaluating your retirement accounts before filing allows you to better understand how asset division may influence your future retirement plans.

What documents should I gather before filing for divorce?

Helpful documents include:

  • Tax returns
  • Bank statements
  • Retirement account statements
  • Credit card statements
  • Mortgage documents
  • Vehicle loan records
  • Pay stubs
  • Insurance policies
  • Investment account statements

Having these records organized can save time and reduce complications during the divorce process.

How can I prepare emotionally for divorce?

Divorce affects more than finances. Consider building a support system that may include trusted friends, family members, therapists, counselors, or support groups. Emotional preparation can help you make clearer decisions throughout the process.

When should I consult a divorce attorney in Arizona?

Ideally, you should consult an Arizona divorce attorney before filing. An attorney can help you understand your rights, evaluate potential child custody and support issues, identify financial concerns, and develop a strategy tailored to your situation.

Common mistakes include:

What are the biggest mistakes people make before filing for divorce?

  • Failing to understand marital finances
  • Ignoring debt obligations
  • Overlooking health insurance needs
  • Making major financial decisions without legal advice
  • Moving out without understanding legal consequences
  • Failing to plan for retirement
  • Waiting too long to prepare for employment or job training

Is divorce planning important even if the divorce is amicable?

Yes. Even amicable divorces involve important decisions regarding finances, property division, housing, insurance, and retirement planning. Proper preparation helps both parties achieve a more stable outcome.

What is the best way to prepare for a divorce in Arizona?

The best approach is to create a comprehensive plan that addresses your finances, insurance, housing, employment, retirement goals, and legal rights. Early preparation can make the divorce process more efficient and reduce unexpected challenges.

If you have questions about what you should do before filing for divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have decades of combined experience successfully representing clients in divorce and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona divorce or family law case around today.