Our Phoenix Divorce Attorneys take a look at “Gray Marriages” in Phoenix, Arizona

In recent years, the phenomenon of “gray divorce” has become increasingly prevalent, particularly among older adults in the Phoenix metro area. As couples aged 50 and older choose to end their marriages later in life, they face unique challenges and considerations that require careful navigation. In this comprehensive guide, we’ll explore the concept of gray divorce, discuss its benefits and drawbacks, and highlight the valuable services provided by Phoenix Divorce Lawyers from My AZ Lawyers. Additionally, we’ll delve into Phoenix Bankruptcy Lawyers’ role in assisting individuals seeking a gray divorce. If you need expert legal guidance for a divorce in or around the Phoenix metro area, call our Phoenix Divorce Attorneys at 602-609-7000 for a free consultation today.

Understanding Gray Divorce in Phoenix, Arizona

Gray divorce, also known as late-life divorce, refers to the dissolution of marriages among couples aged 50 and older. Unlike divorces among younger couples, gray divorce presents unique challenges and considerations due to the stage of life at which it occurs. Many factors contribute to the increasing prevalence of gray divorce, including changing societal norms, increased life expectancy, financial independence, and a desire for personal fulfillment in later years.

Benefits of Gray Divorce in Phoenix, Arizona

• Renewed Independence: For many individuals, gray divorce offers a newfound sense of independence and autonomy after years of being in a marriage that may have felt stifling or unfulfilling. It provides an opportunity to rediscover oneself and pursue personal goals and interests.
• Improved Mental Health: Ending a marriage that has become unhappy or unhealthy can lead to improved mental health and overall well-being. Gray divorce allows individuals to break free from toxic relationships and embrace a fresh start, which can contribute to greater happiness and fulfillment in the long run.
• Financial Freedom: While a gray divorce may initially involve financial adjustments, it can ultimately lead to greater financial freedom and control. Divorcing later in life allows individuals to reassess their financial goals, assets, and retirement plans, potentially leading to a more secure financial future.
• Enhanced Social Connections: Gray divorce provides an opportunity to expand social circles and cultivate new relationships. Many individuals find solace and support in connecting with peers navigating life after divorce, leading to a sense of community and belonging.

Drawbacks of Gray Divorce in Arizona

• Financial Challenges: Divorcing later in life can have significant financial implications, particularly regarding the division of assets, retirement savings, and spousal support. Couples may need to adjust their lifestyles and financial plans to accommodate the changes brought about by divorce.
• Social Isolation: Gray divorce can lead to feelings of social isolation, especially if individuals lose the support network they relied on during their marriage. Building new social connections and finding support outside the marital relationship may take time and effort.
• Health Concerns: Research has shown that divorce later in life can be associated with increased health risks, including higher rates of chronic conditions and mortality. The stress and emotional toll of divorce can take a toll on physical and mental health, highlighting the importance of self-care and seeking support during this transitional period.

How Phoenix Bankruptcy Lawyers Can Assist with Gray Divorce

Navigating a gray divorce can be complex, especially when financial challenges arise. Phoenix Bankruptcy Lawyers from My AZ Lawyers are equipped with the knowledge and expertise to help individuals facing financial difficulties during the divorce process. Here are some ways our Arizona Bankruptcy Lawyers can assist:

• Debt Relief: If one or both spouses are burdened by significant debt, our bankruptcy lawyers can explore options for debt relief through Chapter 7 or Chapter 13 bankruptcy. Filing for bankruptcy can provide a fresh start and alleviate financial stress, allowing individuals to focus on rebuilding their lives post-divorce.
• Asset Protection: During a gray divorce, it’s essential to protect assets and property from creditors and ensure a fair division of marital property. Our bankruptcy lawyers can help individuals navigate asset protection strategies and safeguard their financial interests throughout the divorce process.
• Retirement Planning: Divorcing later in life can disrupt retirement plans and raise concerns about financial security. Our bankruptcy lawyers can assist with retirement planning and explore options for preserving retirement savings, such as exempting retirement accounts from bankruptcy proceedings.
• Legal Advocacy: Whether facing creditor harassment or navigating complex bankruptcy laws, our bankruptcy lawyers provide skilled legal advocacy and representation to protect clients’ rights and interests. We work tirelessly to achieve the best possible outcome for our clients, providing personalized guidance and support every step of the way.

Contact Our Phoenix Divorce Attorneys

If you’re considering a divorce in or around the Phoenix metro area, don’t navigate this challenging process alone. Our experienced Phoenix Divorce Attorneys are here to provide compassionate guidance and expert legal representation tailored to your unique needs and circumstances. Call us today at 602-609-7000 for a free consultation and take the first step toward a brighter future.

My AZ Lawyers
Office: (480) 833-8000

Phoenix Family Law Office
668 N. 44th St., Ste 320
Phoenix, AZ 85008

Scottsdale Family Law Office
7135 E. Camelback Rd, Ste 230
Scottsdale, AZ 85251

Avondale Family Law Office
12725 W. Indian School Rd, Ste E-101
Avondale, AZ 85392

Mesa Family Law Office
1731 W. Baseline Rd., Ste 100
Mesa, AZ 85202

Glendale Family Law Office
20325 N. 51st Ave., Ste 134
Glendale, AZ 85308

Even the most amicable dissolution of marriage is still a stressful experience. But if there is anyone in your life who you suspect is a narcissist (or has been diagnosed with narcissistic personality disorder), you can imagine just how much more difficult that person could make the divorce process. Narcissists thrive on manipulating the people around them, and divorce can present itself as a World Series of manipulation. If you’re getting divorced from a narcissist, you can expect they will attempt at least some manipulation throughout the process. Read on to learn more about the strategies that narcissistic people employ the most. If you’re looking for experienced and knowledgeable divorce representation in the greater Phoenix area, call 602-609-7000 to set up your free consultation with our firm.

What is Narcissism?

Narcissism is also known as narcissistic personality disorder. It is a mental health condition that is marked by a large ego, a need for admiration from others, and a lack of understanding of others. Narcissism is more common in men than in women and usually begins presenting in a person’s late teenage years or early adulthood. People with narcissistic personality disorder have an intense need for attention and will go to great lengths to get it. They often feel superior to the people around them, even if they don’t have achievements that support that feeling of superiority. They may even harbor negative feelings toward people they view as less important. This can also result in narcissists seeking to surround themselves with people who they believe can get them ahead in life. Failure to get what they want can send narcissists into rage and cause aggressive behavior that might not be displayed by someone who doesn’t have a personality disorder. They may have insecurity, shame, and fear about being a failure or being perceived as a failure.

Treating narcissistic personality disorder can be a bit of a Catch-22. The nature of the disorder makes it so that the affected person would not want to admit weakness and seek mental health help. It is also easy for a narcissist to misinterpret a mental health professional’s efforts as insults. However, talk therapy can be effective in helping someone with narcissistic personality disorder deal with their issues. Someone who has been the victim of manipulation and narcissistic abuse should also consider seeking guidance from a mental health professional.

Narcissistic Manipulation That Can Appear in Divorce

Narcissistic personality disorder and manipulating others go hand in hand. It can be expected that a spouse who has this condition may exhibit certain types of behaviors should they ever get divorced. Divorce is already difficult enough without factoring in a personality disorder in at least one party. If you need legal assistance to deal with toxic behavior from an ex during divorce, it will be your responsibility to seek out counsel and retain it yourself rather than the court appointing you an attorney. To schedule your free consultation with our experienced Arizona family law firm, call 602-609-7000.

Making Threats

Threats of violence should be reported and taken seriously, but a narcissist might make other types of threats during a divorce. For example, if the spouses share minor children, a narcissistic spouse might threaten to obtain full custody and never let the other parent see them again. A narcissist might threaten to spread lies or private information to ruin their future ex-spouse’s reputation. There will often be a sense of urgency behind these threats- if you don’t respond within their timeframe, they will act. The problem with responding to these threats consistently is that it will create a precedent and encourage similar behavior in the future. A divorce attorney can help with threats because they can field all communications regarding the divorce and filter out which items require action on your part.

Playing the Victim

There are different subtypes of narcissistic personality disorder, so some narcissists always want to be seen as the winner while others always want to be seen as the victim. For example, covert narcissism is also known as vulnerable narcissism and can have less obvious symptoms than other subtypes of narcissistic personality disorder. There are countless ways that a spouse can play the victim during a divorce. If they weren’t the spouse to file the petition, they would probably repeat that fact over and over again. Arizona is a no-fault divorce state that doesn’t penalize a divorcing spouse for being the petitioner rather than the respondent.

Creating Unnecessary Drama

Drama undeniably draws attention, and narcissists love attention. Getting divorced from a narcissist may feel like unending drama. It might be impossible to get through a divorce with absolutely zero drama, but aiming to keep drama at a minimum reduces stress for both parties. There are a few factors that make divorce drama harder to ignore.

Not every married couple has the option to separate households while a divorce is pending. Some spouses continue to live together during divorce proceedings, whether it’s finances, scheduling, or some other reason. This creates more opportunities for both parties to feel hurt and possibly even take it out on each other.

When a divorcing couple has minor children together, they create both an opportunity to cause drama and an incentive to avoid it. It can be emotionally damaging for children to watch their parents fight and argue. If you do feel the need to fight and argue with your ex, keep it away from places like your children’s school and custody exchanges.

Drawing Out Proceedings

Stalling a divorce to make it take longer is a move in the narcissist’s playbook. There could be several motivations behind this. If one spouse has an easier time paying legal fees, delaying a divorce may be their way of trying to “starve out” their spouse. That spouse might simply want to maintain an obligation and control over their spouse. If a spouse is intentionally delaying a divorce, the affected spouse may need to work harder to make sure the divorce is finalized efficiently. Hiring a family law attorney can help keep negotiations on track to reduce how long the divorce takes. However, every divorce in Arizona is bound by a mandatory 60-day waiting period. Divorce can take much longer- several months or even years. Ideally, a divorce attorney will keep the matter from taking that long through careful and persistent legal work.

Recruit Representation That Will Help Protect Your Interests

A divorce with at least one narcissist involved is bound to be more complicated and stressful than the average divorce case. Proceeding through a divorce without legal representation can be overwhelming, and doing so when your ex does have an attorney will put you at a disadvantage. It can take more than one consultation to find the attorney who best suits your needs- that’s why Phoenix Divorce Attorneys offers our initial phone consultations free of charge, unlike some of our competitors. Learn more about your options under Arizona law with no risk or obligation. Our patient and knowledgeable divorce lawyers will get your case started on the right foot. Schedule your free consultation today, call 602-609-7000.

My AZ Lawyers
Office: (480) 833-8000

Phoenix Family Law Office
668 N. 44th St., Ste 320
Phoenix, AZ 85008

Scottsdale Family Law Office
7135 E. Camelback Rd, Ste 230
Scottsdale, AZ 85251

Avondale Family Law Office
12725 W. Indian School Rd, Ste E-101
Avondale, AZ 85392

Mesa Family Law Office
1731 W. Baseline Rd., Ste 100
Mesa, AZ 85202

Glendale Family Law Office
20325 N. 51st Ave., Ste 134
Glendale, AZ 85308

Families come in all different forms, and some people choose to adopt fur babies rather than have their own. Even if you love your pets like children, that isn’t necessarily how they will be treated under the law if you get divorced from your spouse. Having pets won’t trigger a custody battle that may apply if you share minor children with your soon-to-be ex-spouse. But your pets could still be a point of contention that drags out your divorce and, in turn, increases legal costs. You can prepare yourself for your legal matter with knowledge of Arizona divorce laws and guidance from a skilled family law attorney. No matter the legal issues relevant to your case, our legal team is here to provide counsel and representation. To learn more with your free consultation, call 602-609-7000. 

Pets As Property In Arizona Family Law

As much as we love our pets, they are viewed as property, akin to furniture, vehicles, clothing, etc. rather than children. This means that their fate will be decided in property division rather than a custody matter. Two spouses can make an agreement to divide their property in any way they choose. This might be placing one pet with one spouse and another pet with the other spouse. It might be better in your situation to avoid splitting up the pets and keep them in one household. The spouses can also agree to a custody-like situation where the pet(s) spend a certain amount of time with each spouse and switch off. However, a judge is unlikely to bind two divorcing spouses together in this type of legal arrangement at trial. The spouses will need to divide property division through a consent decree if they wish to split custody of their pets after dissolving the marriage. 

Per A.R.S. § 25-211, Arizona uses community property law to divide marital property. In a community property state, almost all property acquired by either spouse during a marriage belongs to each spouse equally. There are exceptions for property acquired by gift, devise, or descent, or acquired after a petition for dissolution of marriage, legal separation, or annulment is filed and that petition results in a dissolution of marriage, legal separation, or annulment. Therefore, any pets acquired while the spouses are married are technically part of the community estate, even if the pet is considered to be one spouse’s pet specifically. A pet acquired before the marriage or after a petition has been filed will belong to the spouse who adopted it. 

Some states, like California and Illinois, have laws regarding the distribution of shared pets in a divorce. Arizona has not joined the states that have statutes for community property division of pets yet. In these states, the judge can analyze a number of factors when determining pet custody in a dissolution of marriage. Even though a pet would technically be community property, the judge can look to which spouse actually paid for and adopted the pet. Feeding the pet and buying its food and toys can be relevant to which spouse should continue caring for the pet. If one spouse walks the pet and takes it to veterinary appointments, this could also be relevant to the judge’s decision. If one spouse has been accused or convicted of animal abuse, the judge is more likely to grant the pet(s) to the other spouse. These factors can help point a judge in the right direction, but are far different from the factors affecting a child’s best interest as described by A.R.S. § 25-403. 

Pet Support

As pet custody laws don’t exist in Arizona yet, neither do laws regarding the financial support of shared pets after a divorce. Spouses can make their own agreement for pet support just like they might with pet visitation or shared pet custody. However, pet support isn’t an issue that family law judges are equipped to determine at trial. Spouses that adopt a pet together during marriage may want to have a conversation, although uncomfortable, about these types of issues in case of a breakup. 

Pets In Property Division

If you picked up your pet from the local animal rescue, its emotional value is probably much higher than its financial value. But many pets are expensive and can be considered a substantial asset that should be split in property division. This might apply if a pet is from a specialized breeder, competes in shows, or even has a social media career. Here, the spouse who doesn’t get to keep the pet might need to be compensated during property division, whether that’s keeping an extra item of furniture, a vehicle acquired during the marriage, etc. This asset should be similar in value to the market value of the pet. That spouse can also be compensated with cash. 

Factors To Consider When Deciding Who Gets The Pets

Your instinct may be to fight to keep your pet, but the pet’s needs should be considered in this type of situation as well. Transitioning between households can be stressful for a pet and ultimately detrimental to their health. Showing your pet love might come in the form of recognizing that your post-divorce household is an unfavorable living situation for your pet. Some of the factors that could influence a pet’s well-being after a divorce include:

• If the pet will receive sufficient care and attention in each individual household
• If each spouse’s new housing situation/landlord allows pets
• If the pet is bonded to a child or children and one spouse will have primary physical custody
• Other pets in new households, e.g., if one spouse rents a room in an apartment with a roommate who has multiple cats
• Each spouse’s work schedule and conflicts with the pet’s care schedule
• If the spouses share multiple pets who are bonded with each other
• Whether the pet is in good enough health to live in each spouse’s new household, e.g., a spouse’s new hardwood floors aggravate a dog’s hip dysplasia or it can’t get up a new entry staircase
• If one spouse plans to move out of state, whether that pet breed is legal there (as well as potential allergens and environmental issues)
• Whether each spouse can afford to take care of the pet after the divorce on a single income

Determine Your Rights As a Spouse & Address Specialized Issues With Our Phoenix Divorce Legal Team

As you can see, splitting pets between spouses in an Arizona divorce isn’t as simple as standing a certain length apart and letting the pet choose who will take care of it. Your pet could be viewed as a way to get back at you by a vindictive ex, or your ex may simply want to keep your pet(s) as much as you do. If you are concerned about the distribution of your pets in an upcoming divorce in Maricopa County, you should consider retaining an established law firm to represent you in the matter. Our experienced divorce attorneys are passionate about delivering our clients positive results from negative situations. Hiring Phoenix Divorce Attorneys can help ease the burden of a stressful divorce and any other family law matter you may be facing. For your free consultation with a skilled divorce lawyer, call 602-609-7000. 

My AZ Lawyers
Office: (480) 833-8000

Phoenix Family Law Office
668 N. 44th St., Ste 320
Phoenix, AZ 85008

Scottsdale Family Law Office
7135 E. Camelback Rd, Ste 230
Scottsdale, AZ 85251

Avondale Family Law Office
12725 W. Indian School Rd, Ste E-101
Avondale, AZ 85392

Mesa Family Law Office
1731 W. Baseline Rd., Ste 100
Mesa, AZ 85202

Glendale Family Law Office
20325 N. 51st Ave., Ste 134
Glendale, AZ 85308

Most lawyers are good at presenting themselves as confident and competent legal counsel, even if that isn’t really the truth. Additionally, some law firms hire smooth talkers to retain clients during consultations just to fall short when the client’s case becomes particularly rough. The family law industry is full of several types of firms, but here we will discuss the differences between limited-scope and full-service law firms. If you are seeking family law representation, it’s crucial that you understand what you would be signing up for with each. When you’re ready to schedule your free consultation with one of our experienced Arizona family lawyers, click here or call 602-509-0955.

What Is Limited Scope? What Is Full Service?

Most people assume that if someone retains a family law firm, that firm will assign a lawyer to represent them in all of their family law legal matters. However, this isn’t necessarily the case with all family law firms. Some firms can only handle certain matters within and related to divorce and family law. For example, a divorce lawyer should be familiar with the ins and outs of property division negotiation, setting up a parenting plan, and calculating child and spousal support. But there are several special issues that can exist within what may seem like a “standard divorce’ on its face. A limited-scope firm may or may not have the resources and capabilities to deal with these specialized issues. For example, a wife may discover that her husband was hemorrhaging community property funds on an affair partner, gambling, vacations, etc., shortly before the divorce. This is known as marital waste, and theoretically, the other spouse should be compensated for the other spouse’s marital waste during property division. A limited-scope attorney may not be seasoned in this particular area, not know the type of evidence to track down, and ultimately let funds slip through the cracks that otherwise could’ve gone to their client. Some matters may force an unprepared attorney to withdraw altogether.

You may think you need a relatively simple and standard divorce only to find out there are several issues underlying your situation. Some of the services that a full-service Arizona family law firm should offer include:

• Dissolution of marriage
• Annulment
• Legal separation
• Child custody
• Child support
• Spousal support
• Property division
• Grandparents’ rights
• Child support modification
• Child custody modification
• Court order enforcement
• Protective orders

To avoid the issues that limited scope family law representation can bring, start your search for legal counsel with an experienced full-service Arizona family law firm. To schedule your free consultation with one of our dedicated Arizona divorce lawyers, call 602-509-0955 or click here.

Limited Scope Representation Can Damage a Family Law Case

Limited scope representation can have a negative effect on a family law case in several ways. As mentioned above, a limited-scope family lawyer may not have the knowledge to look out for specific issues in divorce and custody matters of which a full-service family lawyer may be more aware. When this type of knowledge is missing from the start, your entire case may be strategized in a way that doesn’t turn out well for specialty issues. In the example above, the limited-scope lawyer may not be familiar with marital waste, which could decrease the number of assets the lawyer could win for their client during the property division. A limited-scope attorney might not be able to handle orders of protection and other issues surrounding domestic violence. You may desire or be required to participate in mediation in an attempt to settle your negotiation, which can always be assisted by the guidance of an experienced divorce lawyer. The ways in which a family lawyer’s scope could be limited are almost endless. 

Limited scope representation doesn’t just damage a family law case at the beginning. The biggest potential issue is if an unexpected issue arises out of the family law matter that the attorney is unequipped to handle. For example, let’s say a divorce attorney helped a father reach a 50/50 custody agreement for his children with his ex-wife. The Tucson family lawyer knew that the husband was leaving the wife due to an alcohol addiction but failed to include any provisions reflecting this in the custody orders or fight for primary custody. A few months later, things are bad and the father wishes to gain full custody of his children for their own good. Unfortunately, his divorce lawyer doesn’t handle emergency child custody modifications. Here, the lawyer might withdraw, leaving the father on his own to either retain a new lawyer at the last minute or figure out how to petition for emergency custody on his own. A full-service attorney would be able to jump in and petition the court for custody quickly, and possibly more convincingly than a non-lawyer parent could do on their own. Essentially, hiring a limited-scope family law firm leaves the client at risk of being abandoned. 

What to Look Out For During Your Consultation

The best salespeople can sell anything, whether or not they’re truly qualified and knowledgeable on the topic, including legal services. Unfortunately, what this translates into in a legal context is false expectations during the legal process and possible loss of legal representation in the midst of a legal issue. Unless you or someone close to you has a great deal of experience working for law firms, it can be tricky to discern a full-service law firm from one that is actually limited in scope. During your initial consultation- keeping in mind that this begins with the legal professional, not with the receptionist who schedules your appointment- some of the questions you may want to ask include:

• Which specific types of family law matters does your firm handle and not handle?
• What is the name of the attorney or attorneys who may be assigned to my case?
• Where is your office(s) located? 
• Do the people who answer your phones work in the office with you or in a call center?
• What types of unexpected issues have you seen arise in cases similar to mine?
• Why do you typically withdraw from your family law cases?
• How long have you and your staff been working in Arizona family law?
• How long do you expect my case will take from start to finalization?

Just as there are things to look for during your consultation, there are also things to avoid. Before conducting a consultation, a family law firm should always run a conflict check. This is to avoid ethical issues of consulting with both parties in a legal matter, especially if one of the parties retains as a client. A money-hungry firm less concerned with proper family law practices may forget this step. Another thing to look out for is sure-fire guarantees in your family law matter’s outcomes. Yes, there are laws that should make it clear how family law matters will turn out in Arizona. However, in practice, family law matters are rarely black and white like the letter of the law. Sometimes the evidence doesn’t fully portray what is going on behind the scenes, sometimes the judge may seem to have it out for one of the parties, and sometimes things just don’t work out as expected. Lawyers have an ethical obligation to avoid 100% guarantees- if you hear them during your family law consultation, you just might be talking to a salesperson. To schedule a free consultation with a real family law professional rather than a salesperson, click here or call our Phoenix divorce team at 602-509-0955. 

Trust The Professionals With Your Case- Call Our Firm For Your Free Consultation

Many family law attorneys get into the industry because they are passionate about helping families, oftentimes because they’ve gone through stressful family law situations themselves. And some law firms form because they want to turn a quick profit with little regard for their clients’ welfare. Family law matters are vitally important- your life savings, rights to your children, and more could all be at stake. Don’t trust all of this with someone who could abandon your case in your hour of need. At Phoenix Divorce Attorneys, we will thoroughly handle your case from start to finish. Our lawyers offer honest and reliable full-service family representation for Arizona families. Get started today with your free consultation by calling 602-509-0955. 

My AZ Lawyers
Office: (480) 833-8000

Phoenix Family Law Office
668 N. 44th St., Ste 320
Phoenix, AZ 85008

Scottsdale Family Law Office
7135 E. Camelback Rd, Ste 230
Scottsdale, AZ 85251

Avondale Family Law Office
12725 W. Indian School Rd, Ste E-101
Avondale, AZ 85392

Mesa Family Law Office
1731 W. Baseline Rd., Ste 100
Mesa, AZ 85202

Glendale Family Law Office
20325 N. 51st Ave., Ste 134
Glendale, AZ 85308

Our AZ Family Attorneys Give Some Helpful Tips When Navigating Family Issues.

When a married couple divorces, potentially initiating a custody and child support battle, friends and family will often unite to support wives and mothers with little regard for whether their former partners also need support. The fact of the matter is that family law procedures are just as stressful for men as they are for women. One way that you can prepare yourself is by educating yourself about what rights and obligations are provided to you under Arizona family law.

Don’t Make Assumptions About How Your Arizona Family Law Case Will Turn Out.

Historically, it has been assumed that in family law matters, a wife will collect spousal maintenance from her husband after a divorce, get custody of any minor children, and receive child support. However, as times have changed, so have the outcomes of family law cases throughout the years. The court will look at factors like relative income, sacrifices the spouses made for each other, and how long it will take for a spouse to become financially self-sufficient when deciding who to award support and how much. You may not need to financially support your wife after a divorce, and may even be entitled to support from her. You should consult with an Phoenix family law attorney with a good idea of you and your spouse’s income to determine if you will likely be required to make support payments after a divorce.

Understand the Difference Between Community and Separate Property.

Arizona is a community property state, so debts and assets acquired by either spouse during a marriage are split evenly in a divorce. In general, property acquired before the marriage, or received during the marriage as a gift or inheritance will be considered that spouse’s separate property. Separate property can also become community property if it is commingled or transmuted. Many spouses don’t realize that if they get divorced, their 401(k)’s and other retirement accounts will be among the assets that are split during property division. You should brush up on which of your assets are community or separate property before beginning the divorce process.

Get Everything in Writing.

Far too often, clients come to us with complaints that their spouse verbally promised something in a divorce in exchange for a concession that never ends up occurring. For example, a wife may tell her husband she won’t pursue spousal support if the husband agrees to give her a car that belongs to both of them. Once the title and registration have been changed, the husband receives a summons for spousal support. Without some form of written agreement, the “gift” of the vehicle will be a he said, she said issue for the court.

This tip can also come in handy with custody matters. If you and your ex agree to a verbal modification of your parenting plan, issues may arise and you won’t have evidence that your ex agreed to the modification.

Stay Current on Your Payments, or Request a Modification ASAP.

If you do end up paying child and/or spousal support to your ex-wife, it is vital that you stay current on your monthly payments. Domestic obligations can’t be modified retroactively, which means that there is nothing you can do to clear a past-due balance besides making your payments.

Keep in mind, the methods used to enforce domestic obligation arrearages can be far more severe than for standard debts. If you fail to pay on debts like credit cards and student loans, you may eventually end up with a wage garnishment of 15-25%. In Arizona, domestic obligation arrearages can be garnished at a rate of up to 50% of your wages. If you have no dependents from a separate relationship, that increases to 60%. An additional 5% may be tacked on if you fall more than 12 weeks behind. Other collection methods include intercepting one-time payments like lottery winnings and tax returns, placing liens on your property, and suspension of your driver’s and professional licenses.

If you experience a change in income, like being laid off from your job, you should request a modification on your support payments as soon as possible to avoid accruing arrearages. As mentioned above, your arrearages can’t be modified once they are due. Therefore, if you know you are going to struggle to make your payments due to a change in income, you should consider petitioning the court to modify your payments. Keep in mind that some spousal support orders are nonmodifiable. Your current orders must have been in place for at least a year, and you can only modify your payments at most once per year. The court won’t reduce your payments if you quit your job with the intention of decreasing your support payments.

If You Have Children, They Should Be Your First Priority.

It will be tempting to badmouth your ex on the internet and to anyone who will listen, but it may be more beneficial for your children if you use a selective filter. Not only can speaking negatively about your children’s other parent in front of them negatively affect their development, but it may make you guilty of something known as “parental alienation.” Sowing seeds of doubt about your children’s other parent’s love for them and ability as a parent can be used as a factor against you in future custody proceedings. Doing this on social media makes it simple for your ex to prove in court.

It’s also important to keep this tip in mind during parenting time pick ups and drop offs. Explosive arguments, especially if witnessed by neighbors, school staff, etc., will reflect poorly on both parents. You should make an effort to be the bigger person and reduce your children’s stress whenever you have the opportunity.

Contact our Arizona Family Attorneys for Assistance.

When you’re ready to take the next step in your divorce, custody, or other family law matter, our attorneys are here to help. Ask questions and formulate your plan with the help of an expert Arizona family law attorney with years of experience representing clients just like you. The initial consultation is free, and our attorneys offer budget-friendly rates and payment plans. Call to get started today. My Arizona Lawyers, (480) 833-8000 for a free consultation with one of our experienced family attorneys.

My AZ Lawyers
Office: (480) 833-8000

Phoenix Family Law Office
668 N. 44th St., Ste 320
Phoenix, AZ 85008

Scottsdale Family Law Office
7135 E. Camelback Rd, Ste 230
Scottsdale, AZ 85251

Avondale Family Law Office
12725 W. Indian School Rd, Ste E-101
Avondale, AZ 85392

Mesa Family Law Office
1731 W. Baseline Rd., Ste 100
Mesa, AZ 85202

Glendale Family Law Office
20325 N. 51st Ave., Ste 134
Glendale, AZ 85308

Most people have heard that about half of marriages in the United States end in divorce. The Arizona divorce and family attorneys at My AZ Lawyers dig further to learn if this is in fact true, the reasons behind it, and if there are alternatives to divorce for spouses in Arizona. Get your questions answered and find out the truth about divorce in Arizona.

The Divorce Rate in Arizona

In a 2011 census study, researchers found that Arizona had the tenth highest divorce rate in the United States. The researchers also found that 10.8 men per 1000 Arizona men get divorced each year, compared to the national rate of 9.2 per 1000. For Arizona women, the rate is 11.9 per 1000 compared to a national rate of 9.7 per 1000. Later research studies have ranked Arizona even higher in divorce rates nationwide. Slightly more than half of Arizona marriages end in divorce. It is unclear why Arizona has such a consistently high divorce rate, despite having a relatively low marriage rate compared to the rest of the country.

Reasons People May Divorce

The list of reasons that people may choose to divorce is nearly infinite. One common reason marriages end is infidelity. The pain of being cheated on is often too much for the faithful spouse to recover from, ending the marriage either immediately or after attempts to repair the relationship. Sometimes, the cheating spouse may not even want to be forgiven, and might even file divorce to remarry their affair partner.

An unfortunate truth is that some people are forced to divorce because of one or both spouses’ health issues. Some spouses may be overwhelmed by a serious health issue in their partner and jump ship. The affected spouse may develop insecurities from their condition that can eventually hurt the couple’s relationship. Mental health issues, whether or not they are diagnosed, can create obstacles that a marriage might not survive. Plus, addiction issues and abusive behavior are also often a fatal blow to a romantic relationship.

While children should never be blamed for their parents’ divorce, the stress of being parents can create additional strain in a marriage with a weak foundation. Spouses can have vastly different opinions on aspects of child rearing, like religion, education, day care, discipline, household rules and chores, and more. Having a special needs child can strengthen some couples’ relationships, but can cause an irreparable fracture in others.

The reasons behind a couple’s divorce don’t have to always be so dark. Financial stress is a common cause of arguments between couples. The culprit behind many divorces is simply time. It isn’t uncommon for one spouse to have a mid-life crisis and get divorced in the process. People change over time, so much so that two spouses may barely recognize the person they married. We only get so much time on Earth, and each day spent in a loveless marriage could be one day less with the true love of their life.

Arizona’s most Popular Reason of Divorce

Most people in Arizona list “irreconcilable differences” as the grounds for divorce on their petition. This is because Arizona is a no fault divorce state. These spouses don’t need to prove any marital misconduct to be granted a divorce. However, Arizona is one of three states that allows covenant marriages. This is a special type of marriage in which the spouses must complete premarital counseling and include a special declaration in their marriage license application. A divorce will only be granted in a covenant marriage if specific factors are present, like domestic abuse, addiction, incarceration, or infidelity.

The Divorce Process in Arizona

The divorce process in Phoenix starts when one spouse files a divorce petition with the court and serves it on the other spouse. The spouse who files the petition is referred to as the petitioner, and the other spouse is the respondent. If the respondent lives in Arizona, they will have 20 days after receiving the petition to file a response with the court. If they live in another state, they will have 30 days.

There is a minimum waiting period of 60 days after the petition is served before the divorce can be finalized. During that period, the couple should attempt to negotiate a divorce settlement agreement. They will need to agree on all of the pertinent divorce issues- property division, spousal maintenance, child support, and child custody. If the couple is unable to reach agreement on these issues, they will be litigated in court.

Is Falling Out of Love a Reason to Divorce?

Sometimes, it doesn’t take a spouse cheating or becoming abusive for the couple to fall out of love. Hectic schedules, changing interests, waning attraction, and simply time can cause love to fade, until one or both spouses realize they simply aren’t in love anymore.

If the spouses can’t pinpoint their marital troubles to a clear source, they may want to try couples’ counseling before running to a divorce lawyer. Divorce is a stressful, expensive, process that takes at least 2 months but could take years. It is a decision that shouldn’t be taken lightly, and counseling may help the couple avoid the divorce process altogether.

While it may be more convenient from a legal and financial perspective to remain married, the idea of a loveless marriage doesn’t appeal to most romantics. Remaining married can make finding a new love interest more difficult, and you won’t be able to remarry until your divorce is finalized.

The Other Side: Why Stay Married If You Fall Out of Love?

Just because two spouses don’t feel romantic love anymore doesn’t mean they don’t have a different, platonic love for each other. There are plenty of advantages to remaining married if you and your spouse are otherwise on good terms. You may find it easier to raise your children while still married, or can’t afford your current lifestyle after a divorce. You may want to maintain insurance coverage for each other, or avoid inheritance taxes on a shared home after one spouse’s death.

A famous example of a married couple that fell out of love but didn’t divorce is Danny DeVito and Rhea Perlman. The comedic duo married in 1982 and have three children together. The couple first separated in 2012, but attempted reconciliation at least once. While they still live separately, they have both publicly stated that they don’t intend to divorce each other. They remain close and speak frequently.

Reasons Falling Out of Love Doesn’t Automatically Mean Divorce

Some spouses remain married for years despite falling out of love. Divorce is heavily frowned upon in some religions and cultures, so spouses may remain a family to avoid judgment. You may be of the belief that falling in love is a choice, and therefore remain in the marriage to put the effort into falling back in love. Remaining together for the sake of the children may be the best choice for some spouses, or obtaining a legal separation as opposed to a divorce.

Therefore, if you are contemplating whether divorce is worth it for you, our Phoenix family law attorneys can help. Understanding the divorce process, the likely outcomes, and how much it will cost can be vital deciding factors. Our Arizona divorce and family law attorneys offer free phone consultations to fit with your schedule and budget, as well as affordable fees and monthly payment plans.

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