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How can you get the most out of your divorce’s property division?

On Behalf of | Apr 29, 2024 | Divorce

You have a lot to deal with as you navigate your divorce. Property division may be priority number one for you given the long-term financial implications it can have. While Arizona is a community property state, meaning that marital assets will be divided equally, there are still some steps that you should take to ensure that you get a fair deal out of the process. Otherwise, you could wind up being taken advantage of by your spouse, leaving you in a poorer financial predicament than you deserve.

Tips for getting the most out of your divorce’s property division process

You can’t sit down at the negotiating table or walk into the courtroom, make up arguments as you go, and expect to obtain a favorable outcome. Thorough preparation is key to your success. Therefore, before heading into your property division negotiation or litigation, you should be sure to do the following:

  • Identify all marital assets: This sounds simple enough, but it can be more complicated than you think. Your spouse may try to hide assets from you so that they can keep them without division, which cheats you out of what you deserve. Therefore, as you prepare your case, conduct a thorough inventory of marital assets and consider whether you’ve seen any signs that your spouse is hiding assets from you.
  • Carefully consider inheritances: Although Arizona’s community property laws require an equal division of marital assets in most instances, inheritances may or may not be deemed to fall into that category. If you received an inheritance and didn’t commingle it with marital assets, such as by depositing it into a jointly owned bank account or using the inheritance to fix up the family home, then you have an argument to keep the inheritance to yourself. If your spouse received an inheritance, then you’ll want to consider if they’ve commingled it in a way that gives you access to it through the property division process.
  • Know your goals: While the law seeks equal division of marital assets, it doesn’t have to play out that way. You and your spouse are free to negotiate a resolution that each of you think is fair. Therefore, devote some time to identifying what you want most out of your divorce and consider whether there’s a way to develop negotiation strategies to get you where you want to be.
  • Anticipate your spouse’s response: There are probably going to be certain assets that your spouse will want out of the divorce. If you can anticipate them, then you might be able to use them as leverage against your spouse so that you can get what you want.
  • Find effective ways of communicating: If you’re going to try to negotiate resolution, then you’ll need to be able to effectively communicate with your spouse. But face-to-face conversations don’t always go smoothly when emotions are running on high. You might find it easier to put your requests and responses in writing, which has the added benefit of reducing tension in your divorce.

Craft a divorce legal strategy that puts your interests first

Preparation is key to a successful divorce. So, if marriage dissolution is on the horizon for you, then now is the time to start thinking about how to address the important legal issues that you’ll face. That can be stressful, but you can find support throughout the process so that you can rest assured that your interests and your well-being are protected.