When you believe that divorce is in your future, consider taking proactive measures. Your actions in the weeks before filing can have a lasting impact on your finances, your parental rights, and your peace of mind. Understanding Arizona’s laws that govern how assets, debts, and child custody are handled can provide a meaningful advantage.
An experienced family law attorney can help you organize your accounts and develop a strategy to deal with the divorce.
Six Essential Steps for Divorce Preparation in Arizona
There are proactive steps to take when facing a divorce. These actions can streamline the process, eliminate common problems, and pave the way for productive spousal negotiations.
Understand that Arizona is one of only nine community property states. This means all property acquired during a marriage is shared, and all debts are presumptively shared as well. Courts take the 50/50 presumption seriously when dividing assets during divorce.
The exceptions to the community property rule are:
- items purchased or acquired by one spouse before the marriage
- inheritances or items given specifically to one spouse during the marriage
If you have items that are yours alone, gather the paperwork that supports that claim.
1: Gather Your Financial Documents
It can be difficult to get access to shared account records after a divorce is in progress, so get them before filing for divorce. Among the items to collect:
- bank statements
- credit card balances
- mortgage documents
- tax returns
- retirement accounts
- investment information
Also, create a list of assets, such as your home, business, vehicles, and valuables.
2: Open Your Own Accounts and Monitor Your Credit
If all of the credit accounts were in your spouse’s name it can be difficult to build credit quickly. Open an individual bank account and get a credit card in your own name.
Take note: altering jointly-held accounts or preventing your spouse from accessing the funds in them will not reflect positively on you in court.
3: The Automatic Preliminary Injunction
Be aware that when a divorce petition is filed in Arizona, a preliminary injunction is automatically entered, limiting actions of both spouses. It’s a restraining order that prohibits both parties from leaving the state with their children, selling off assets, or spending joint or community property recklessly. It also prohibits either spouse from removing the other from medical, dental, disability, or auto insurance policies. It is in effect until the divorce is final. Violations can carry serious legal consequences.
4: How to Request Temporary Orders
Temporary orders can be requested from a judge if one spouse is acting unpredictably or refusing to cooperate on pre-divorce matters. These situations can include:
- spending marital assets excessively
- refusing to pay required financial support
- acting in ways that negatively impact children involved
A judge’s temporary orders can cover scheduling custody, spousal support, use of the family home, and paying debts. These remain in effect until the final divorce judgement.
5: Protecting Children’s Interests
The best interest of the child is the baseline used by Arizona courts to determine legal decision making (custody) and parenting time for children involved in a divorce. To protect your parental rights, document your involvement in your child’s life and avoid disparaging the other parent in the child’s presence. Prepare a realistic, child-focused parenting plan. Be aware that courts require parents to attend a Parent Education Program when divorcing.
6: Freeze Your Credit and Guard Your Digital Life
Placing a freeze on your credit prevents anyone, including your spouse, from opening new accounts in your name. It’s a practical step that can prevent further legal entanglement in the future. Finally, your digital security should be protected by changing passwords on email and personal financial accounts. Be aware that social media posts are admissible in divorce court proceedings, including those that are later deleted.
Engage Legal Assistance Early
Being prepared with proactive steps puts you on better footing for the divorce process in Arizona. Making Webster Family Law your advocate for negotiating terms with your spouse and in divorce court will save time and stress. Call for a consultation today.