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Divorce law is complex, and separating from a long-term partner can be fraught with emotion and miscommunication. If you’re considering a divorce, here’s what you should know before filing the petition with the court.

What to Avoid When Getting a Divorce

1. Producing Inaccurate Financial Records 

The court will review your marital debts and assets to determine alimony and an “equitable distribution” of wealth. You should carefully review the balances on all joint accounts, how much you both paid for major assets throughout the marriage, and your separate earnings, including passive income sources.

You must provide information that’s accurate “to the best of your knowledge and belief.” Otherwise, the judge could hold you in contempt of the court or charge you with perjury.

2. Having Unrealistic Expectations

People sometimes assume their marital assets will be divided 50-50 during a divorce. This isn’t always the case, especially if one spouse earned more money than the other.

If you work part time and have children, you could be entitled to more than half of the assets under Arizona’s divorce laws. If you supported your spouse’s career by contributing to the household at the expense of your time or money, this could factor into your divorce proceeding.  

3. Involving the Kids 

divorce lawIf you have children with your former spouse, parenting time and legal decision-making will be critical aspects of your divorce. These negotiations can often be the most contentious, as most parents want to see their children as often as possible.

Try to keep the frustration of the process from affecting your children. They’re going through the same stressful situation that you are. Don’t negatively discuss your former spouse in front of your kids, even if you feel hurt by their actions. Also, try not to put your children in a position where they have to choose between parents.  

4. Skipping Mediation 

Not all divorce proceedings happen in the courtroom. If you and your spouse can compromise with each other, mediation can be mutually beneficial and streamline the process. In some cases, an uncontested divorce can take as little as 28 days to finalize.

Mediation can be less stressful compared to a court trial. If you’ve just decided to get divorced, meeting with a mediator can be a helpful first step toward identifying your priorities and coming to a formal legal settlement.

 

If you’re seeking a divorce in Arizona, the Law Offices of Paul Lenkowsky & Fontenot can help. Attorney Paul Lenkowsky and Attorney Danielle Giddings Fontenot practice family relations and divorce law in Bullhead City in addition to offering mediation services. They provide legal counsel on everything from property and asset division to parenting time, alimony, and domestic violence cases. To learn more about their experience in divorce law, visit their website. Call (928) 758-4815 to schedule a free initial consultation. 

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