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Tuscon Arizona Family Law Blog

Arizona divorce: How to tell if your spouse is hiding assets

Many Arizona married couples share all things equally regarding their finances. They have jointly owned bank accounts and are transparent regarding spending habits, savings and other financial issues. Other spouses, however, leave financial tasks to one or the other spouse. Either way, if a divorce occurs, both spouses must be aware of all assets and liabilities that will affect settlement.

If a spouse wishes to gain the upper hand in property division proceedings, he or she may attempt to hide assets in divorce. It is not fair to the other spouse, and it also happens to be illegal. A judge overseeing such proceedings is not likely to look favorably on a spouse who tries to beat the system to keep his or her ex from obtaining a fair share of community property. 

Earmarkers for child custody in Arizona

The phrase, best interests of the child, shows up repeatedly when couples with children decide to divorce. Child custody in Arizona hinges on a number of factors, but primarily on what is best for the children. A family court judge will make that decision taking that into consideration -- along with other things -- if the parents can't iron out custody issues on their own.

A family court judge in Arizona is most certain to look at the following markers in regard to custody. They include the wishes of the children and of the parents; whether there is a history of violence in the home; whether parents were the primary caregivers of the children; the children's relationship with each parent; how willing each parent is to have a positive relationship with the other parent and children's adjustments to home, school and community life. In addition, a judge may also look at whether either parent has any criminal convictions of any kind.

Where am I supposed to file for a military divorce?

Military families will often face more uncertainties in just a few years than others will in their entire lives. But no matter how prepared you may be to meet uncertainty head-on, it can be a little different when it comes to divorce. Military divorce has its own unique set of challenges that can make even the most confident feel worried about the future.

Part of this has to do with the fact that both federal and state law applies to military divorce. This means that, for some issues -- like dividing a military pension, you will have to consult federal law, while for others you will turn to state law. Since family law can vary quite a bit from state to state, you should think carefully about where you choose to file.

How will keeping separate bank accounts help in divorce?

A joint account or separate accounts? When it comes to money, assets and divorce, this can be an important question. Arizona is a community property state, so, for the most part, assets acquired during the marriage are considered to belong equally to both spouses.

Many couples are deciding to keep separate bank accounts. Each individual will often have his or her paycheck deposited into this separate account. Bills are then either divided or the couple also has a joint account that they contribute to so that bills can be paid. This method often works well when the couple has different financial personalities or has brought significant assets into the marriage.

Can you relate to these gray divorce issues?

If you're part of the baby boomer generation or older, you may recall a time in Arizona, and throughout the United States, when there was a stigma attached to divorce. Nowadays, more and more people in your age group are deciding they'd rather move on in life without their spouses. There are many reasons for the rising trend, which analysts have termed "gray divorce."

Perhaps, you and your spouse have encountered numerous challenges in your relationship through the years, but you tended to overlook them while you were raising your family. Now that you're older, you have more time to yourself to think about what's best for you as an individual. If this sounds familiar, you're definitely not the only one to be preparing for major life changes after age 50.

Home appraisal may be needed as part of divorce property division

To some Arizona residents, the family home is a priceless asset. No amount of money can take the place of the memories and dreams that are attributed to this sacred place. Yet, when it comes to divorce, this priceless item really does need to have a price put on it.

One part of deciding who gets what is to establish the value of each asset. While one's home may appear to be priceless to that individual, when it comes to divorce, one will want to know what its value would be if the home were to be sold. This can be done by obtaining an appraisal on the home.

Prenuptial agreements important family law topic

As the happy couple is preparing to say "I do," thoughts of what will happen if things don't work out usually don't seem too important. The Arizona couple is in love; certainly these feelings will last and the couple will live happily ever after. Unfortunately, this is not always the case. In fact, many have discovered that they are eventually sitting in a family law attorney's office discussing property division and other critical divorce topics.

In order to minimize the possibility of such a discussion being necessary, and to minimize the damage if it is, many have discovered that a prenuptial agreement is a useful tool. To begin with, a prenuptial agreement can be used as a tool to discuss important topics prior to walking down the aisle. Topics related to spending habits, business concerns and spousal support should be discussed ahead of time. This discussion may head off potential problems later on.

Types of child custody available to Arizona parents

Who gets the house, how will accounts be divided and who will be responsible for which bills are often important considerations in an Arizona divorce. However, when children are involved, more than just financial aspects must be considered. Child custody decisions are perhaps some of the most important decisions, and sometimes the most difficult ones, that will need to be made.

Physical custody is one custody aspect that will need to be considered. It is possible that one parent will retain primary physical custody with the other retaining regular visitation. Another possibility is that the parents will share joint physical custody with each parent having approximately equal time with the children. The type of physical custody granted in the divorce will depend upon the individual circumstances and what is in the best interest of the children.

Financial decisions an important part of Arizona divorce

Finances are often a primary decision in each stage of the marital relationship. This can certainly be true when a Arizona couple decides that it is time to end the marital relationship. Financial aspects and property division are often an important part of the divorce process.

During negotiations, it can be tempting for one or both individuals to insist upon retaining the family home. The premise behind such action may be that the home provides a sense of stability and normalcy for the individual and perhaps any children who may still live in the home. However, the decision to keep the home may not be financially sound.

Focusing on your mental health during divorce

Your mental health is just as important as your physical health. Fortunately, more and more efforts exist to limit the stigma surrounding mental health conditions and helping people understand that seeking help for those issues is smart. Even if you do not live with a chronic mental health issue, you could still find yourself struggling while going through divorce.

Numerous life events can trigger feelings of stress, depression, grief, anxiety and more, and ending a marriage is certainly one of those events. Even if you think that ending your relationship is a good idea, you may still have difficult feelings throughout the proceedings.

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