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Maricopa County Family Law Blog

Here's why filing for uncontentested divorce might be best

If you're one of many Arizona parents who plan to divorce in 2020, your children's best interests are no doubt one of your highest priorities. When parents decide to go their separate ways, the decision automatically prompts changes in children's lives. That doesn't necessarily mean your decision is going to ruin your children's lives, however.

In fact, there are several things you can do right from the start to help minimize stress so that you and your kids can move on in life in a healthy, productive manner. By filing for an uncontested divorce, you may notice numerous advantages than if you and your spouse get caught up in a long, drawn-out court battle. Whichever legal path you choose, it's critical that you know your rights and how to protect them, especially with regards to parenting.

Is your spouse trying to hide assets to beat the system?

It's no secret that divorce is a major life-changing event, and also that it is often a stressful, difficult experience for those involved. Even if you are the one who initially filed a petition in an Arizona court, you may still find yourself trying to process a whole range of emotions, from frustration and anger to sorrow or loneliness. Cutting ties with a spouse and moving on in life is challenging enough without having to deal with extenuating issues that cause stress levels to soar.

In addition to a child custody battle, one of the most stressful things that can happen in a divorce occurs when a spouse tries to hide assets in order to gain the upper hand in property division proceedings. If you suspect your spouse might be doing such a thing, you'll want to be on the lookout for evidence and learn more about how to resolve such issues.

Can you move on in life without going to court for a divorce?

Like all good parents in Arizona and beyond, your children's best interests are your highest priority. Yes, parenting can be exhilarating, wonderful and challenging all at once, but you wouldn't have it any other way. When you decided to divorce, you might have been a bit worried about how your kids would take the news.

You may have also worried about going to court. After all, you never expected litigation to be part of your adult life. You'll be glad to know that it's often possible to finalize a divorce without ever stepping foot inside a courtroom. In fact, approximately 95% of all those going through a divorce will settle through alternative processes. Exploring your options ahead of time is key to accomplishing your goals.

Your priceless art collection needs a value in a divorce

Some people collect figurines, coins or a multitude of other items that have some significance to them. You collect works of art. Over the years, you put together a collection that speaks to you, and you consider it priceless.

However, now that your marriage has ended, you will need to put a price on that collection because any pieces purchased during the time you were married are part of the marital estate. In fact, the court will assume you and your spouse own everything jointly as a starting point since Arizona is a community property state. 

Child custody proceedings: Here's what to expect

Like all good parents in Arizona, your children's best interests were your main concern when you decided to file for divorce. It's definitely true that divorce disrupts children's lives. However, it need not be true that it is sure to ruin them. By building a strong support network from the start, you can encourage and provide for your kids as you adapt to a new lifestyle together.

No matter how prepared you think you are, child custody proceedings can be a bit daunting, especially you've never experienced litigation in the past. No two cases are exactly the same, but you might want to talk to a friend or family member who has gone through custody proceedings. You'll likely be able to relate to many issues. Discussing what to expect with someone well-versed on the topic can help alleviate a lot of stress.

The difference in various types of child custody

Do you have concerns about what will happen to your children after your divorce? Like many other Arizona parents, you want to make sure that your kids have stability and security for years to come after your separation and divorce. One way you can do this is by providing them with a custody agreement that is smart, practical and sustainable. 

One of the first steps in securing the right custody plan for your children is to learn more about the different types of child custody. When you understand these things, you can be more intentional about pursuing a plan that will both protect the best interests of your kids and your rights as a loving parent. Because of the importance and complexity of this specific issue, you may want to work with an experienced attorney as you seek a reasonable custody settlement.

How the Arizona court determines parental fitness

After months or years of serious problems, you may be among many other Arizona parents who decided to file for divorce. You may understandably be worried about how that decision will affect your children's lives. Then again, in some ways, you might be thinking they'll be better off in the long run.

Filing for divorce means you must resolve numerous issues so the judge overseeing your case can issue a final decree. Such issues likely include topics such as property division, child support and custody or visitation. If the latter two issues concern you because you believe your co-parent is unfit, you'll have to prove that to the court, which can be quite challenging. Knowing where to seek support for you and your kids throughout the process is the first step toward achieving your goals.

When is uncontested divorce the right option for a couple?

Divorce is hard, and your decision to move forward with this action was not easy. Like many other Arizona couples, you and your soon-to-be-ex-spouse may be looking for ways to ease the complications that come along with the process of ending a marriage. Depending on the details of your situation, you may consider the benefits of filing for an uncontested divorce.

Uncontested divorce is not an option in every situation, but this is a way some couples are able to move through the divorce process quickly and easily. Before you file or make an important decision that will impact your future, you may want to learn more about this specific type of divorce and if it's right for you. It is always smart to know about all of the options available to you.

Helpful ideas for shared custody in an Arizona divorce

Parenting is definitely not without its challenges as most Arizona parents can attest. If you're getting divorced, you may encounter some problematic issues regarding child custody or finances having to do with your kids. Preparing a co-parenting plan can be stressful as well, especially if you and your spouse disagree on certain things. Your divorce doesn't necessarily have to ruin your family life. There are several ways to reduce stress in a shared custody situation.

It's crucial for both parents to be willing to cooperate and work as a team. You may no longer reside in the same household but you will always have your children in common with your ex, so the more you work together to help them adapt to their new lifestyle, the less stressful your co-parenting arrangement may be.

Substance abuse could affect the outcome of your divorce

Going through a divorce is an understandably difficult and emotional process. As a result, you may find yourself falling back into old habits of drinking too much or even taking substances in attempts to dull your pain. However, these actions could greatly affect the outcome of your divorce, especially when it comes to child custody.

If you want to obtain at least joint custody of your children, you need to prove that you are a fit parent. If you and the other parent do not get along, it is possible that he or she may try to use your substance use as evidence that you should not have custody, even partially.