Photo from Unsplash
Originally Posted On: https://thevalleylawgroup.com/blog/legal-divorce-strategies/
Navigating Divorce: Strategies for a Smooth Transition
No matter the circumstances surrounding your divorce, the process is seldom without a close personal impact. Relationships can become emotionally charged and contentious, and no matter the intentions, conflict tends to arise. For these reasons, ending a marriage is never a decision that is taken lightly, but it can ultimately be the right solution for many couples. To ensure the divorce proceeds more smoothly than the marriage, choosing effective divorce strategies is a crucial move to make as you begin your divorce.
When considering the divorce strategies you may need to employ, there are several things to keep in mind. Most importantly, each divorce is unique and comes with its own set of nuances and decisions. These have the potential to impact your future negatively or positively. The choices you make and the steps you take now can help you effectively navigate the most important decisions later.
Steps To Take Before the Divorce Process
Divorce in the state of Arizona can be a long and arduous process without the right strategies, especially if conflicts are involved. Before you file your divorce petition, there are some steps you may be able to take to reduce the potential for conflict and confusion. Others can help you prepare yourself for when that conflict arises.
Understand Divorce Law
The governing laws for divorce can vary from state to state. It is essential, then, to understand the rules surrounding Arizona divorce proceedings.
Before you file, consider the answers to the following questions:
- How will assets be divided? (All marital property is divided equally in Arizona.)
- What are our marital assets? (Anything purchased during the course of the marriage.)
- What personal assets do I own? (Most things owned before the marriage, plus gifts and inheritances)
- What debts do we currently owe?
- How will we split time with our pets?
- How will we approach child custody?
- Will my inheritance come into play?
- Will spousal maintenance payments be necessary?
- Do I need any temporary orders?
Save Money
As you may know, litigated divorces that must proceed to court to settle several disputes can be expensive. Even the simplest uncontested divorces still require attorney time, filing fees, and court fees. Once conflicts are introduced, costs can rise.
Before you file, begin to set money aside in order to pay for these costs and any others that might crop up unexpectedly.
Get Organized
Divorce often calls for a high level of detail and organization. You will be required to attend meetings with your lawyer, court appearances, mediation, and other situations that involve these legal proceedings. You might have to plan ahead and take certain days off work, so it is wise to keep a strict calendar.
Additionally, various documents will be required, including financial disclosures, and there will be a litany of forms to fill out and turn in. It’s prudent to create a file folder to keep copies of all the required paperwork. That way, you are always prepared no matter what circumstances arise.
Take Inventory of Finances
During divorce, you and your spouse will split all your marital assets. Before this process can begin, you must disclose all assets and debts. You will want to ensure you collect all documentation related to your financial holdings, pension, insurance policy, tax records, and any 401(k)s. Listing all assets like boats, houses, jewelry, real estate, collectibles, and furniture will also benefit you.
You’ll also need to determine your total debt, including mortgages, student loans, credit card bills, car payments, or any other debts you might owe.
Protect Your Credit
During the course of your marriage, it is likely that you and your spouse entered into one or more financial agreements. For example, it is likely that you share credit cards, signed for loans, and have your names listed on your mortgage or lease.
When you get divorced, the divorce agreement will help you determine your standing regarding these documents. Your settlement will dictate which spouse will remain accountable for which debts and Arizona law generally requires you to divide them equally.
Due to these decisions, your credit stands to change, as does your status regarding the above-listed financial agreements. You must also ensure you continue to make payments on any agreements that still carry your name. Therefore, part of your divorce strategy must be keeping a close eye on your credit. It is usually advisable to maintain separate accounts and credit cards once the divorce is in progress.
Creating a Divorce Strategy
Once you have filed, the process has only just begun. Intense emotions can build near a breaking point, especially if there is any time spent cohabiting before the divorce is officially finalized. Thankfully, there are a few strategies you may be able to employ to leverage your position during a divorce while maintaining calm and cooperation. This can ensure your divorce proceeds as quickly and smoothly as possible.
Committing To Compromise
If you and your spouse are hoping for a speedy divorce, you must both commit to acting amicably and finding compromise in potentially contentious situations. If either of you acts in bad faith, such as by hiding assets or disputing inconsequential matters, it can cause more difficulty and necessitate more time in negotiation or litigation. This will add to the time it will take for your divorce to be finalized.
If you both can accept that your divorce is imminent and that it can run more smoothly, the more amicable and cooperative you remain, your chances for a minimally disruptive, quick divorce are maximized. This is especially important to remember if there are any minor children shared between you and your spouse.
Communication Is Key
In order for your divorce to proceed smoothly, it is imperative that you maintain a line of honest communication. Of course, there may be situations in which this is not possible, including situations where you need to file for a restraining order against your spouse due to abuse or harassment. In most situations, however, being forthright about your concerns, needs, and expectations is important. In return, remember to listen and do your best to understand your spouse’s needs, concerns, and expectations.
The reality is that a divorce will only grow in complexity, length, and cost if communication is closed off. It is important that you both remain respectful and actively listen to one another. This can be a difficult feat to accomplish and will take a humble attitude, but clear boundaries and communication established early on will make all the difference later.
Know When, Where, and How To Fight for What You Deserve
While amicable communication is important in maintaining a smooth divorce process, there will come a time when you need to advocate for your rights. Knowing when, where, and how to assert yourself, however, is crucial.
Spending time negotiating fiercely over an asset like your extensive magnet collection may dwindle in importance when compared to the time you’ll need to spend determining a favorable child custody and visitation agreement. It is crucial to take time to assess which topics are most important to you and build in a focus on those. Then, you can address more minor topics as the divorce progresses.
Your attorney can be a critical resource to ensure your soon-to-be ex-spouse does not dominate the discussion, as well as advising you when to compromise if it becomes necessary. An attorney can help you avoid spending time and money arguing over things that might not matter in the long term. They can ensure you focus your resources and energy on advocating for parenting time, child support, spousal maintenance, and an equitable division of property.
Organize Finances
As mentioned, this step should be begun before you even file. However, you will want to continue to keep records of all financial transactions that occur before the divorce is finalized and assets are officially split. Remember that all assets should be disclosed and all debts listed, which should include the process of valuing all qualifying assets like homes, antiques, and automobiles.
Check In On Your Kids
Not every couple seeking divorce shares children, but in cases where there are minor children involved, the children can be even more susceptible to the stresses of divorce than the parents. It is important to prioritize the mental and emotional well-being of your children. Do your best not to make your children feel like they need to pick sides, as this can cause emotional distress and trauma for young ones. Avoid using your children as bargaining chips or for manipulating your spouse.
If you and your spouse can reach a viable agreement regarding visitation and custody arrangements, you stand to hasten your divorce process. While any agreement must be approved by the judge before the divorce decree becomes official, the more you and your spouse can agree upon before court, the quicker the process will go. Similarly, agreement and understanding regarding child custody can save you money in the long run, as you can avoid extensive litigation.
Build a Strong Support Network
Going through a divorce can be an overwhelming thing to experience alone. Emotions are high and more intense than
ever, which can lead to stress, anxiety, and other breakdowns in your mental health. Ensuring a loving support system in place is imperative as you face divorce proceedings. Surround yourself with loved ones like family members and friends who will remain realistic and supportive during this time. It can also help when supportive people are willing to watch your children, offer advice, and listen to what you’re going through.
Practice Self-Care
Another way to safeguard your emotional and mental well-being, along with your physical health, is to practice self-care. Engaging in activities that help reduce stress and maintain your focus is more critical now than ever. Activities like exercising, meditation, and spending time with those you love are all great ways of reducing the stress experienced during a divorce.
Commit to Respecting Boundaries
It is essential to establish clear boundaries with your spouse. Avoid behavior that might escalate conflict or create unnecessary disagreements. Allow space for one another to communicate thoughts relevant to the divorce and any children, but keep things professional and brief.
Hired a Trusted Divorce Lawyer
You might think that a simple, conflict-free, uncontested divorce does not call for an attorney. The unfortunate reality is that conflicts are likely to arise at some point, and having a lawyer at your side during these times can simplify what would otherwise be a complicated negotiation process. Even conflict-free divorces can benefit from a knowledgeable attorney who can draft accurate documents, file them in a timely manner, handle the asset division and parenting agreement processes, and ensure the divorce unfolds quickly and fairly.
Regardless of the level of complexity involved, an experienced divorce attorney can help both spouses understand the law surrounding their case. Having clarity and guidance from the beginning can help you avoid future conflicts and mitigate any that arise.
Look to the Future
Your divorce strategy toolkit isn’t just for navigating the complications of this legal process – it’s also about your future. You’ll want to begin planning for changes to your tax status, determine how to address your time spent with your children and assess your future living situation. Don’t forget to focus on the positive benefits of divorce and all the good ways your life will improve once your divorce is final. Taking some time to think about all the good things coming your way and experiencing the comfort that comes with knowing you are prepared can do wonders for your mental health.
Divorce Leverage and Strategy Mistakes To Avoid
Just as there are strategies you can leverage to improve your position in a divorce, there are also a few pitfalls to avoid.
Don’t Underestimate Your Spouse
While it is crucial to maintain a clear line of open and honest communication, avoid underestimating your spouse. You can certainly benefit from being cooperative and amicable, but the unfortunate truth is that your soon-to-be ex likely knows you better than anyone else and knows how to use your willingness to compromise to their advantage. Though you should do whatever you can to remain amicable, this doesn’t mean you have to trust their intentions.
Don’t Discuss Your Divorce
Refrain from discussing your divorce or your divorce strategies with the wrong people. Keep details about your divorce minimal, and talk to only a few select people you can trust. This also includes keeping the details of your divorce off social media. Your spouse’s attorney can use even the most innocuous statements about your marriage, photos, and even locations to demonstrate a pattern of behavior that can paint an unfavorable picture of you in court.
Write With Caution
With the above in mind, it is imperative that you proceed with caution when putting any information in writing. This includes discussing your divorce with your ex or other parties other than your attorney over text, email, and written correspondence in addition to social media. Anything you record in writing can be later used against you in court.
Don’t Forget to Keep Your Personal Information Close
Remember that if your spouse has access to your bank accounts, cell phone, personal documents, and more, they may be able to damage your finances, personal life, and reputation. For example, they can track all your transactions and obtain other information from your bank statements. For this reason, consider opening a separate account that is only in your name.
Do Not Agree to a Settlement Alone
It is essential to meet with your lawyer to go over all the terms of your divorce before agreeing to any kind of settlement. Your attorney can help you ensure that the agreement is fair and favorable and advise you regarding how to proceed if it is not.
What a Divorce Lawyer Can Do For You
When you are just beginning to navigate your divorce and assembling your divorce strategies, it is key to have a skilled divorce lawyer on your side. Your case is unique to you, and an experienced attorney can tailor their advice and best strategies to fit your needs perfectly. As your case proceeds, your attorney can ensure all deadlines and requirements are met and that the divorce is proceeding quickly and smoothly.
Offer Sound Legal Advice
As with most legal processes, divorce comes with its own complexities that can be difficult to understand and navigate. A trusted divorce lawyer can guide you through the details of the associated decisions, including spousal support, child custody and visitation, child support, property division, and so much more. Their experience can protect you from making any mistakes that could harm your case and those loved ones involved.
Negotiation
Due to the intense emotions usually at play in most divorce cases, even the most straightforward, uncontested divorces can become complicated. A compassionate divorce attorney can guide the conversation with your soon-to-be ex-spouse, making sure the discussion is focused on the task at hand and produces a fair and favorable decision.
Your divorce attorney can also negotiate with your ex-spouse’s legal team, if they have one, and employ their skills and experience to reach a settlement.
Proper Oversight During Division of Assets
A divorce lawyer can ensure you and your spouse approach the property division process appropriately. An attorney can help you determine whether your spouse is hiding assets and help you respond if they are doing so. They can also ensure you advocate for property that is important for you and prevent you from accepting an unfair agreement.
Help With Visitation and Custody Arrangements
One of the most volatile aspects of a divorce can be all the matters involved regarding minor children. An experienced and skilled divorce lawyer can help you build a case to ensure that the child custody agreement serves the best interest of your children while allowing you to maintain your parental rights. Attorneys can also help you anticipate the terms of a child support agreement and avoid unfair or unbalanced terms.
Protecting Your Rights
Should your divorce case require litigation, your divorce lawyer can represent you in court, advocating for your needs and protecting your rights. Using evidence, laws, and applicable legal precedents, your lawyer can present your case in a compelling manner, which could be the tipping point between the fair settlement you deserve and a ruling that is not in your favor.
Communication
Your lawyer will take the time to listen to your concerns, needs, and expectations and act accordingly as they build a strategy for your divorce. Likewise, your attorney can ensure you understand all the proceedings as they occur and provide you with valuable information during the divorce process. Effective communication with a skilled divorce lawyer can make all the difference between a quick divorce process that proceeds smoothly and a long, drawn-out litigation.
Contact a Trusted Arizona Divorce Lawyer Today
An effective divorce attorney can help you leverage a wise strategy at every stage of the divorce process. Before you file, an attorney can assist you as you make plans that will be beneficial for the outcome of your settlement. During the divorce, an attorney can ensure you employ effective strategies that will improve your relationship with your soon-to-be-ex, maximize negotiations, protect your children, and preserve your finances.
The accomplished team at The Valley Law Group has decades of experience regarding divorce leverage and strategy.
Contact us today to schedule a consultation, and ask what we can do to help you build an effective divorce strategy to ensure an equitable divorce agreement.
