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Tucson Family Law Blog

Knowing the role marital debts could play during a divorce

Upon deciding to dissolve a marriage, many individuals in Arizona and elsewhere may have concerns about how the outcome of the situation will affect their finances. Untangling the financial threads of a marriage during divorce can be somewhat complex at times, especially when debt is involved. Understanding the impact marital debts could have on the outcome of a divorce could be paramount to protecting one's financial future and the presence of debt could influence the decisions one makes during the process.

Marital debts can come in a variety of forms and each party's responsibility for financial liabilities may depend on the variables present. As Arizona is a community property state, all marital assets and debts will be divided equally between both parties during legal proceedings. With marital debts, this could include anything from credit card bills and auto loans to even medical bills and remaining balances on a mortgage.

Preparing to safeguard one's future during a divorce

Most married couples in Arizona and elsewhere likely made their vows with every intention of remaining together for the rest of their lives. As many individuals may give little thought to what might happen if things don't turn out as planned, they may also feel somewhat unprepared should talks of divorce arise. As understanding what to expect from and how to prepare for divorce could play an integral role in safeguarding one's future, those facing a divorce may find it beneficial to seek guidance early in the process.

When it comes to preparing for divorce, one of the first steps to take may involve gaining a better understanding of the process. Seeking advice on Arizona state divorce laws could prove vital in various ways, as these laws will likely have a significant influence on the outcome of the situation. One may also benefit from taking time to evaluate the variables that will play a role in the process, such as topics relating to child custody or property division.

The impact conflict may have on the kids during divorce

There may be many couples in Arizona and elsewhere who feel that safeguarding the future of their kids is imperative, but they might not always agree on how best to achieve this goal. Should a couple decide to part ways, disagreements about how to handle the upbringing of the kids could lead to high levels of conflict. Although parents who are facing a divorce may consider such matters to be crucial, they may also benefit from understanding how the process might be affecting the well-being of their children.

It may come as no surprise that dissolving a marriage can be stressful and daunting for everyone involved. As kids may already have some level of difficulty understanding or even accepting what is taking place, taking every possible measure to help them cope with the situation could prove imperative. Studies indicate that one of the most pressing concerns to a child's well-being during a divorce involves the idea of feeling the need to pick a side and that finding ways to prevent such a scenario is vital.

A peaceful approach may help limit the stress of divorce

There may be few experiences in life that can be as stressful and emotional as going through the end of a marriage. When facing a similar life change, many individuals in Arizona may have concerns about how the process might affect their emotional well-being. As the manner in which a person approaches divorce could have a substantial influence the outcome of the situation, finding ways to achieve peace of mind during a stressful time could prove vital.

According to experts, those who face a similar life event may find it helpful to take the time to carefully consider their situation and all available options before deciding on a path. Ensuring that divorce is the healthiest option for everyone involved prior to initiating the process could help a person achieve a sense of clarity concerning his or her wishes for life ahead. This could also reduce the stress of the situation by helping a person focus on what is important to his or her future instead of current feelings.

Consider specialized financial planning in a divorce

In an Arizona divorce, there are numerous complex financial issues that may arise. Not only can these matters be ongoing during the divorce, but they can also emerge years down the line after the agreement is long signed. For that reason, people going through a divorce should consider hiring a financial advisor whose practice is specifically geared toward divorce.

There may be unintended consequences of a divorce agreement that could have income tax ramifications. Alternatively, some assumptions that are made today could change tomorrow if certain events happen. Either way, the parties need to be prepared for what will happen and what could happen. This is where the experience and knowledge of a specialized financial professional may be helpful and necessary.

Certain situations make prenuptial agreements useful

In Arizona, divorce and its impact is a concern for many people even before they get married. This will frequently lead to prenuptial agreements. While people of significant means were once the primary users of these documents, couples in a variety of financial situations are now getting prenuptial agreements.

There are common concerns that may warrant a prenuptial agreement. People who have significant wealth might want to think about creating one. Some people are subtly or overtly pressured by family members who have a family business. For those who are planning a business or have one in its infancy, this legal protection could be key. People with a product or idea should protect it even if they are working together. A prenuptial agreement can accomplish this.

Parents should consider different 50-50 arrangements

In divorces, many Arizona families opt for the conventional method of splitting time between the parents. When co-parents opt for a 50-50 solution that places the children equally with both parents, they will usually choose arrangements that allow for one week at one parent's home followed by the next week with the other parent. However, some experts are beginning to counsel parents that this is not the most effective solution for the children.

Instead, parents should consider more flexible and creative arrangements that move the children between the parents' homes more frequently. One week away from a parent is a long stretch and can create feelings of separation anxiety in the children. In addition, the long time away will result in the need for frequent communication between the parents to allow the children to speak with the other parent.

Divorce rates on the rise for couples over 50, study says

Arizona is home to many married couples over the age of 50, some of whom moved to Arizona specifically to enjoy their retirement. Presumably, people do not go into retirement expecting to get a divorce, but one study shows that divorce among couples over 50 in the United States has been on the rise for decades, with the rate doubling from 1990 to 2010.

One therapist says that couples are more likely to get divorced either in the first seven years of marriage or after they have been together for 20 years. The later divorces can be the result of couples growing apart and realizing that they do not want to spend several years in retirement in an unhappy marriage. Though couples of previous generations - when life expectancy was shorter - may have found it easier to stick out a bad marriage once they hit a certain age, that is less often the case now, when couples can expect to spend 20-30 years in retirement.

How to provide children with stability after divorce

One of the hardest parts of a divorce for Arizona parents can be dealing with child custody issues and the effect the divorce has on their children. However, good co-parenting practices can help give children a sense of security and stability despite the upheaval.

Children will wonder whether they can go on loving both of their parents or if they are the cause of the divorce. Parents can reassure them by encouraging them to build a relationship with both of them and telling them they had nothing to do with the split. Children may be anxious about how holidays and birthdays will change. If parents can still spend these occasions together, it can be helpful so children do not have to attend two events and feel as though they must choose between their parents. Even if this is not possible, parents should be aware that eventually they will have to be at some of the same events, such as a child's graduation.

Parental alienation and child custody

Many parents in Arizona who are going through a contested custody battle are shocked when a judge awards custody of their children to the other parent. One common reason this occurs in divorce and child custody cases is parental alienation.

The term refers to one parent turning children against the other by making inappropriate comments to children and false accusations against the other parent. This type of behavior is considered harmful to children's wellbeing.

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Law Office of Michael A. Johnson, P.C.
177 N Church Avenue
Suite 311
Tucson, AZ 85701

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