Divorce Tips in Arizona
Legalities to Consider When Filing For Divorce
The breakup of a marriage can be a tumultuous time for both parties and those around them. If your marriage is ending, there are many legalities that need to be addressed so the process will go as smoothly as possible. While it may be difficult in the midst of a breakup to put your emotions aside, you need to protect yourself in other ways.
Each state has laws regarding divorce, and it’s important to learn the basics of what they are and how they pertain to ending your marriage. For instance, if you have moved within the past year, you may encounter residency blocks in some states. In Arizona, you must be a resident of Arizona for at least ninety days prior to filing for divorce in Arizona. The residency requirements in other states will vary.
Also, some states have strict laws regarding how the property is divided, whereas, others allow each case to be determined individually. Nevada and Alaska are among the states where you can get a divorce in less than three months. Guam is a territory of the US community property states, meaning that you and your spouse have an equal right to marital assets and responsibility of marital debt. This excludes what may be determined to be separate property, such as a gift or inheritance you received. If you live in one of these states, make a record of all of your property and debts to take to the attorney.
However, if you live in an equitable distribution state, your preparations will include additional steps. Rather than seeking to provide each party with an equal amount of property and debt, the majority of the states that use the equitable distribution method will divide assets and debts based on multiple factors, such as the duration of the union, current and future income capacities and the health of both parties.
Value is calculated for non-income generating contributions like caring for the home and family or one party supporting the other through the rigors of completing a higher education. If you have children in the home, there are additional considerations for maintaining their health, well-being, and safety. For instance, some states are less likely to grant custody to a parent who left the household. Do not make any harsh decisions that may have a negative impact on your future relationship with your children.
Some of your assets may be frozen while you are waiting for the divorce to become final. Make sure you have the ability to take care of yourself without breaking any divorce laws. If you and your spouse have decided that the best course of action is to legally end your marriage, you need to take care of your financial health now and in the future. Do not allow your emotions to cloud your judgment regarding the legal aspects of getting a divorce. Contact an attorney with a good reputation in your city to help you get through the process as smoothly and quickly as possible.
About the Author: Waverly Hanson is the best-selling author of “How to Divorce-Proof Your Marriage” available on Amazon in print and Kindle formats. She has been assisting individuals and couples with relationship and life transformations for more than 25 years as a therapist, counselor, coach, and consultant. Visit her website marriagecounselingonline.mywebpal.com to learn more.
Chris Hildebrand wrote this article to ensure everyone has access to information about family law in Arizona. Chris is a divorce and family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and, quite frankly, actually caring about what his clients are going through in a divorce or family law case. In short, his practice is defined by the success of his clients. He also manages all of the other attorneys at his firm to make sure the outcomes in their clients’ cases are successful as well.