5 Common Divorce Mistakes to Avoid

Divorce is a challenging process that can put even the most cordial of partners under stress. The grueling nature of the process means it’s easy for partners to make mistakes that may hurt their case.

You must proceed cautiously to avoid wasting time, energy, and money. Our Tucson divorce lawyer team will cover five common divorce mistakes to avoid in this article.

1. Rushing Through the Divorce Process

If you’re too eager to end the divorce process, you may end up with divorce judgments that do not come out in your favor. Before you choose to enter into any marital settlement agreements, you have to weigh your options carefully. You need to take time to arrive at a mutually beneficial settlement.

Remember, divorce hinges heavily on negotiation. You need to give yourself enough time to review the terms of any settlement with your divorce attorney. It’s impossible to change certain details once you agree to them.

2. Allowing Emotions to Influence Your Decisions

It’s normal for couples to get emotional during the divorce process. However, allowing your emotions to take over completely can lead to fighting for the wrong things.

It’s in your best interest to remain rational and in control throughout the divorce proceedings.

3. Trying to Exact Revenge Via the Court

People unhappy with a spouse for initiating a divorce often make the mistake of trying to get some sort of revenge during the divorce proceeding. They do this by prolonging the case, fighting for assets, and more.

However, this is a mistake that most people regret once the initial satisfaction has worn off. Trying to get revenge via the courts often leads to:

  • Avoidable increases in legal expenses
  • Increased stress on all affected parties (especially the children)
  • Feeling dissatisfaction with the outcome of the case

4. Hiding Marital Assets 

Lying to the court is one of the common divorce mistakes to avoid. Regardless of your feelings about your spouse, you should avoid all forms of dishonesty in court.

Disclose all marital assets and your financial situation. You should also be honest when filling out any affidavits and other such documents.

When you hide assets or lie, you may:

  • Lose your standing in the case
  • Void any previously-agreed settlements
  • Face fraud-related charges
  • Receive unfavorable judgments during property division

Be honest and allow the courts to handle the process, even if it doesn’t go the way you’d like.

5. Discussing Divorce Proceedings on Social Media 

It may feel good to rant about your divorce proceedings on your social media page. However, it’s in your interest to desist from any such actions. The words in your social media post may work against you on the next court date.

Don’t discuss proceedings with anyone other than your lawyer.

Learn More Divorce Mistakes to Avoid

Failing to entrust your case to a qualified attorney is a mistake you should avoid. Our experienced lawyers will help you navigate this strenuous and complicated process. You’ll learn other mistakes to avoid, make sense of what is in a divorce decree, and more. 

Call Randle Palmer & Associates PLLC at 520-327-1409 to speak with our Tucson, AZ, divorce lawyers today.

What Happens During the Division of Marital Assets in Arizona?

Going through a divorce is always stressful, but facing unexpected legal challenges can make the process even worse. Therefore, understanding how different aspects of the divorce will go in court can help dramatically reduce your stress. In this article, we’ll cover the division of marital assets in Arizona and explain how the process works.

Although an amicable split is always preferable, divorce proceedings often become adversarial and heated. When that happens, having experienced attorneys on your side is crucial. Arizona residents can rely on divorce law representation in Tucson by Randle, Palmer, & Associates.

How the Court Divides Property 

When a married couple files for divorce, a legal separation process begins. During this process, the court will divide joint property between the parties, taking relevant factors into account to strive for equitable distribution. In the following sections, we’ll explain what types of personal property count as communal and how the court handles the division process.

What Counts as Community Property

In Arizona, any property you acquire during the marriage counts as marital property. This includes tangible and intangible property as well as debts in the state of Arizona. Some exceptions to this rule exist, but Arizona courts consider nearly everything earned during marriage to be communal. 

Steps of Property Division in Arizona

Once the divorce begins, the court works through multiple steps to determine how to divide the property. Read the following few sections for the steps of the division of marital assets process.

Identification

The first step in the division of marital assets is to identify all the assets the couple currently holds. This information helps the court make an informed decision and includes all bank accounts, real estate, stocks, or other assets. Providing this information promptly and accurately can help your case progress efficiently.

Classification

After identifying all the involved property, it’s important to classify which party owns what. Although property you acquired before getting married is separate property, anything a party earned during marriage is a marital asset, even if only one name is on the deed or receipt.

Valuation

Placing a value on personal items can be challenging, but it’s an essential part of the division process. Deciding which items to prioritize can help the parties reach an agreement, as each party has something they want. However, if the parties don’t agree, the judge can make final determinations at his or her discretion.

Division

Once the court receives the information it needs, the judge will finalize the division of marital property. This step awards each party their property to provide the most equitable split possible. In some cases, the court may award additional payments to one of the parties, but generally, this completes the process.

Get Expert Divorce Representation in Arizona

Now that you know how the division of marital assets works, explore our website if you want to know the tips on how to soften the effects of divorce on a child. Then, if you need divorce representation in Arizona, call Randle, Palmer, & Associates at 520-327-1409 for an attorney who will fight for you.

What Is the Divorce Decree: Everything You Need to Know

Contact a Tucson family law attorney today by calling (520) 327-1409.

Divorce can be a long and drawn-out process that is anything but simple. Randle Palmer & Associates PLLS family law services in Tucson can help you navigate Arizona’s divorce process.

One of the most common questions we get regarding divorce proceedings is, “What is the divorce decree?” The divorce decree is similar to a divorce certificate in that it acts as proof of divorce; however, there are key differences between the two documents.

What Is the Divorce Decree?

The divorce decree is the final decision or judgment from the divorce court. Essentially, it is the final step that officially and legally ends your marriage.

A divorce decree contains several pieces of case information, including:

  • Child support
  • Spousal support
  • Child custody and visitation
  • Division of property
  • And more

Any critical information used in your divorce case appears on the divorce decree.

If your divorce case involves a trial, the divorce decree will contain the specific terms of the judge’s decision. If your case does not go to trial, the decree will show the settlement terms.

When Do You Get Your Divorce Decree?

Once the judge approves and finalizes your divorce, the court will issue you and your former spouse a divorce decree. If you attend court in person for a hearing, you will receive it once the judge signs it. Otherwise, you will get your divorce decree in the mail, or the court will have you pick it up.

Can You Get a Copy of Your Divorce Decree?

You can get a certified copy of your decree after finalizing your divorce, whether it’s months or years later. You can request a copy of your divorce decree by going to the court clerk’s office or courthouse. In some cases, you can receive a copy from the county clerk’s office; however, this depends on your state of residence.

Who Can Get a Copy of the Divorce Decree?

The court will only allow certain parties involved in the case to receive a copy of the divorce decree. Generally, this includes the divorcing parties and their lawyers.

What Makes a Divorce Decree Different from a Divorce Certificate?

What is the divorce decree, and what is a divorce certificate? Both are official documents that act as proof of your divorce. However, the main difference is that a divorce decree consists of much more information than a divorce certificate.

A divorce certificate is a simple document that includes basic information such as the names of the former spouses, the divorce date, the divorce location, and that the two parties are officially divorced.

You will generally use a divorce certificate to change your name, receive a travel visa, get re-married, or show proof of your divorce without revealing the case details.

Your Tucson Family Law Firm

What is a divorce decree? How does divorce work in Arizona?

Many people in Tucson, AZ, have several questions about getting a divorce. Let Randle Palmer & Associates PLLC help by calling us at (520) 327-1409 to schedule a consultation.

How Does Divorce Impact My Bankruptcy Case?

By: Alex Coomer

www.alexcoomerlaw.com

November 24, 2020

©Alex Coomer Law, PLLC, All Rights Reserved.

It is a sad reality that financial stress is a major cause of marital problems.  Similarly, marital stress or living within an unhappy marriage can lead to bad financial decision-making and debt. Either way it goes down, bankruptcy and divorce law often overlap.  When these sad and difficult situations occur, there is a complex interplay between two different types of law that generates a lot of confusion.  This FAQ article seeks to provide very basic information and help you understand the issues when divorce and bankruptcy overlap.

Disclaimer — Both divorce and bankruptcy are complex fields of law in their own distinct forms. And, when these two areas of law mingle together, it gets even more complex.  Therefore, if you are presently going through or contemplating both divorce and bankruptcy, it is highly advised that you seek legal representation immediately.   

What is community debt and community property? 

To understand the interplay of divorce and bankruptcy, it starts with a simple understanding of community debt and community property.  

Arizona is a community property state. This means that any property (other than gifts or inheritances) you and your spouse acquired during the marriage belongs equally to both parties and any joint debts incurred during the marriage are the equal responsibility of both parties. It does not matter whether one spouse worked during the marriage and the other did not. Community property includes real property, personal property, money, stocks and bonds.

All debt incurred during the marriage, no matter by whom, is generally considered to be the community debt of both parties. This is true even if the debt was incurred for purchase of an item that only one of the parties uses.  As with community property, generally, debts owed by one party prior to the marriage remain a separate debt of that party and do not become transformed into a community debt just because the parties got married.

If I am contemplating filing for bankruptcy AND divorce, should I get divorced before, after, or at the same time as my bankruptcy case?  

This is a very difficult question to answer and there is no one set answer to this question.

 The best strategy for you and your family here will depend on the nature of your debts, assets, and relative level of cooperation you have with your soon-to-be ex-spouse.   As there are many variables to consider here, there is not one conventional strategy that fits most people.  

With the understanding that every case is different, here are some important things to keep in mind in terms of timing, logistical issues, and costs of the two legal processes.  

If you file your bankruptcy case prior to divorce, you will be able to lawfully double your exemptions pursuant to the bankruptcy code as a joint-filing couple.  This could be meaningful to your family if, for example, you own fairly nice furniture (worth more than $6,000) that you do not intend to divide equally or if your family owns a single vehicle that has substantial equity (between $6,000 and $12,000).    

If you file your bankruptcy case prior to divorce and wish to only hire one attorney to represent both debtors to save on fees and costs, there are serious ethical considerations regarding conflicts of interest to consider in this situation.  As such, you can really only consider filing for joint bankruptcy with one attorney prior to divorce if the parties are amicably divorcing and without controversy on splitting of exempt marital assets.  Keep in mind that non-exempt assets will be frozen when filing for joint bankruptcy before getting divorced. Only exempt property will be eligible for division between the spouses.

If there are disputes about finances leading into the bankruptcy or disputes over property, it is not advised for one attorney to represent both parties in the bankruptcy.   In this case, like your divorce case, it would be advised that the parties retain separate counsel and file separate bankruptcy cases in conjunction with divorce litigation that splits exempt marital assets.   

One of the worst steps to take is filing for bankruptcy in the middle of divorce proceedings without consulting with qualified lawyers. In most cases, filing for bankruptcy will put the divorce proceedings on hold and may only continue once the bankruptcy case is completed or if a divorce attorney files a motion to move forward with the legal separation.  In these situations, communication is king.  It is critical to keep all attorneys up to date with all relevant developments, including financial stress.  

Don’t forget that community debt acquired during the marriage becomes joint debt, even after the divorce was finalized. The divorce will also lead to the apportioning of the debt between the two spouses. As such, the creditors may still go after the spouse who did not file for bankruptcy and demand debt payments. Therefore, it is advisable that two separate filings be done after the divorce to keep creditors from pursuing one of the spouses.

My ex-spouse owes me money and I got notice that he/she is now filing for bankruptcy.  Can my ex-spouse discharge alimony or child support payments owed to me in bankruptcy?   

No.  Alimony and child support are considered priority unsecured debt.  Alimony and child support are a special form of debt.  This type of debt is paid first by debtors under repayment plans in Chapter 13 and cannot be discharged at all in a Chapter 7 bankruptcy.  

If you receive notice that your ex-spouse has filed for bankruptcy and you are listed as a creditor, you have rights that you should understand.  If you have questions, concerns, or want representation to protect your rights, it is highly advised you consult with a creditor lawyer immediately upon learning of the bankruptcy filing by your ex-spouse who owes you money.   

Can my ex-spouse discharge personal loan debts that they owe to me from prior to our marriage?  

Yes.  If you loaned your spouse money at some point prior to marriage, this is considered unsecured non-priority debt.  If your ex-spouse files for Chapter 7 bankruptcy and lists this loan correctly, this type of debt can be discharged by the borrowing party. 

What if he/she promised me over and over that he/she would pay me back?

Unfortunately, a subsequent promise to repay does not change anything in a bankruptcy case.  Barring some unusual exception, such as your ex-spouse committing fraud, personal loans given prior to marriage will be dischargeable debt.  

 

Disclaimer: The information in this web site is not intended to provide legal advice or to create an attorney-client relationship; but is intended for general education and information purposes only. Laws change periodically, therefore the information in this site may not always be accurate. It is imperative that you seek legal counsel in order to determine your rights and obligations under the law and based upon your specific circumstances.

Alex Coomer Law, PLLC is a debt relief agency and helps people file for bankruptcy under the Bankruptcy Code. The material and information contained on these pages and any pages linked to from these pages is intended to provide general information only and not legal advice. You should consult with an attorney licensed to practice in your jurisdiction before relying on any of the information presented here. You are advised that the acts of sending e-mail to or viewing or downloading information from this website does not constitute an attorney-client relationship.

© Copyright 2020 – Alex Coomer Law, PLLC – Tucson Bankruptcy Attorney.

Divorce. What is best for the children?

Divorce. What is best for the children?

Divorce. What is best for the children? Divorce is not only challenging for the two people involved in the relationship, but it can also take a significant toll on your children.

While children often can pick up on the tension between their parents, studies indicate that a whopping 80% of children who experience a split between their parents when they are young, do not show any signs of being negatively impacted by the decision.

How divorce affects children of a certain age

On average, children aged 6-10yrs old are least affected by divorces; however, children aged 1-2yrs old’s seem to be the most affected. Every marriage goes through its good times and bad times; however, when children become involved in the equation, the stakes become even higher.

If you’re someone who is currently experiencing issues in your marriage and are considering divorce, it’s crucial that you think about what is best for your children and not just the two parents involved.

There are several aspects to a divorce that must be considered to ensure that both parties are satisfied with the end results, while also making sure that your children aren’t affected adversely by the whole ordeal.

The good news is that if you are trying to get a divorce, you can do a few things to make sure your children feel safe and loved while you and your significant other split up.

Every child handles divorce differently, while some children enjoy both parents being the home regardless of whether they fight all the time or not. Some children understand the dynamic between their parent’s relationship and can pick up on signs that there may be unhappiness looming. This is why it’s so important to speak with your children about how they feel when going through a divorce so that you can make sure everyone in your home is happy with whatever decision you two decide to make.

Below, we’re going to give you some helpful tips and information that you can use to get a divorce from your partner in the most amicable way possible.

Figuring out what’s best for your child during a divorce

One of the significant factors that impact children during a divorce is the custody arrangement that goes into place once the divorce is finalized. If your child has a great relationship with both parents, a custody arrangement will likely have little to no effect on them.

However, this can change in situations where a child may have a stronger relationship with one parent as opposed to another.

Divorce. What is best for the children?

Your divorce dynamics will also play a huge role in determining how well your child reacts to the split. For example, some couples are able to separate without any bad blood or bickering during the process. If this fits your situation, the good news is that you will likely not have to worry about your child experiencing any adverse side effects after you and your partner decide to do a split.

If you and your significant other have been having problems for quite some time now, the odds of your child being able to pick up on the tension between you two is very high. If your child is coming to you and asking questions about why “mommy and daddy” are arguing, the odds are they are able to sense all of the hostility between you two. In this circumstance, it can be beneficial to sit down with your child or children so that both of you can explain to them exactly what’s happening in order to get their input about how they would feel in the event of a divorce.

The good news for those out there dealing with marital issues is that a new phenomenon known as joint physical custody or JPC is slowly but surely on the rise within the United States. Joint physical custody is essentially “equal opportunity” parenting as both guardians are required to share equal splits for their children in terms of child support, housing, and the overall amount of time that each parent gets to spend with them.

Making the split happen

Once you’ve spoken with your child about the decision that you and your partner are about to make, you can proceed with the official court hearings so that you can make your divorce final.

Every divorce hearing is different, given that each couple will have unique elements to their situation that may not apply in other circumstances.

It’s best that you speak with a family attorney anytime you plan on getting a divorce so that they can give you advice on the best steps to take with your case on an individual basis.

People Also Ask

Q: Can divorce ever be good for a child?

A: According to statistical data, about 80% of children who experience a divorce can adapt without showing signs of any negative impacts on their social abilities, school grades, or mental health. This commonly happens when a child has developed a strong relationship with both parents.

Q: How do I help my kids through a divorce?

A: There are many things you can do to make the divorce process much easier for your children. This includes things like offering support during the separation process, maintaining good health, help them verbalize how they feel about the entire situation, and encouraging an atmosphere of honesty with your child.

Q: At what age does divorce affect a child?

A: Research shows that children’s worst age to experience a divorce is between the ages of 6-10. Alternatively, the best periods for a child to experience separation are between 1-2yrs old.

Conclusion

Now that you know how to handle a divorce while also considering your children’s feelings and emotional state, it’s time for you to make it happen. Before filing for a divorce, ask yourself these two questions: “Have I noticed any odd behavior from my children since my partner, and I have decided to split?” and “What is my child’s relationship like with both my partner and me?” These questions can be used as litmus tests to determine whether or not divorce is right for you.

Further reading: A self-help guide to best practices for parents getting divorced where children are involved.

If you have any questions, please feel free to contact us

The 10 Documents You Need to Gather to Prepare For a Divorce

The 10 Documents You Need to Gather to Prepare For a Divorce

Prepare For a Divorce.

When someone is considering ending a marriage, they often start by gathering the information they think they need…

Even with the best of intentions, most people don’t get the things they will actually need to provide to either their lawyer, the other party or the Court. Some lawyers would have you believe that the information you need to gather is a secret, or is a matter of their specific expertise, and that just isn’t true.

We want to take the mystery out of the process, so with that in mind, here are the 10 most important documents to gather in preparation for a divorce. This list is not all-inclusive, nor is it exhaustive, but it is the minimum you should gather to give the case an easy start.

Prepare For a Divorce

1. Financial Documents in Divorce

Specifically – proof of income from all sources, completed tax returns, W-2 forms, 1099 forms, and K-1 forms, for the past two (2) calendar years, and year to date income information for the   current calendar year, including, but not limited to, year-to-date pay stubs, salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest,  trust income, annuities, capital gains, social security benefits, worker’s compensation benefits, unemployment insurance benefits, disability insurance benefits, recurring gifts, prizes, and spousal maintenance.

  1. Proof of court-ordered child support and spousal maintenance actually paid in any case other than this one;
  2. Proof of all medical, dental, and vision insurance premiums paid for any child listed or referenced in the petition;
  3. Proof of any child care expenses paid for any child listed or referenced in the petition;
  4. Proof of any expenses paid to private or special schools or other particular education needs of a child listed or referenced in the petition; and
  5. Proof of any expenses paid for the special needs of a gifted or handicapped child listed or referenced in the petition.

2. Property Paperwork for divorce

Unless you and the other party have entered into a written agreement disposing of all property issues, or no property is at issue, each of you must provide to the other the following information:

  1. Copies of all deeds, deeds of trust, purchase agreements, escrow documents, settlement sheets, and all other documents that disclose the ownership, legal description, purchase price and encumbrances of all real property owned by either party;
  2. Copies of all monthly or periodic bank, checking, savings, brokerage and security account statements in which either of you has or had an interest for the period commencing six (6) months prior to the filing of the petition and through the date the information was provided to the other party;
  3. Copies of all monthly or periodic statements and documents showing the value of all pension, retirement, stock options, and annuity balances, including Individual Retirement Accounts, 401 (k) accounts, and all other retirement and employee benefits and accounts in which you have or had an interest for the period commencing six (6) months prior to filing of the petition and through the date of the disclosure, or if no monthly or quarterly statements are available for this time period, the most recent statements or documents that disclose the information;
  4. Copies of all monthly or periodic statements and documents showing that cash surrender value, face value, and premiums charged for all life insurance policies in which either party has an interest for the period commencing six (6) months prior to filing of the petition and through the date of the disclosure, or if no monthly or quarterly statements are available for this time period, the most recent statements or documents that disclose the information;
  5. Copies of all documents that may assist in identifying or valuing any item of real or personal property in which you or the other party have or had an interest for the period commencing six (6) months prior to the filing of the petition, including any documents that the party may rely upon in placing a value on any item of real or personal property.
  6. Copies of all business tax returns, balance sheets, profit or loss statements, and all documents that may assist in identifying or valuing any business or business interest for the last two (2) completed calendar or fiscal years with respect to any business or entity in which any party has or had an interest; and
  7. A list of all items of personal property, including, but not limited to, household furniture, furnishings, antiques, artwork, vehicles, jewelry and similar items in which any party has an interest, together with the party’s estimates of current fair market value (not replacement value) for each item.

3. Debts

Unless you and the other party have entered into an agreement disposing of all debts issues, you will need to provide the following information:

  1. Copies of all monthly or periodic statements and documents showing the balances owing on all mortgages, notes, liens, and encumbrances outstanding against all real property and personal property in which the path has or had in interest for the period commencing six (6) months prior to the filing of the petition and through the date of disclosure, or if no monthly or quarterly statements are available during this time period, the most recent statements or documents that disclose the information; and
  2. Copies of all credit card statements and debt statements for all months for the period commencing six (6) months prior to the filing of the petition and through the date of disclosure.

4. Health/Dental/Vision Insurance Plans

With premium breakdowns for all plan options.

5. School Records

This is specifically for the kids common to the parties.

6. Employment Records

(to include your schedule, length of employment, position, etc.).

7. Text or Email

Communication With the Opposing Party

That would benefit you. Remember that this sword cuts both ways, and the Court is far from stupid, they have seen the old “only show 1/2 of the conversation” trick and the other party will likely bring the whole record.

8. Any Police Reports, Orders of Protection or Court Records

 

Concerning you, the opposing party or children. Domestic violence, abuse, neglect, etc.

9. Disclosure of Witnesses

You will need to provide the names, addresses, and telephone numbers of any witness whom you expect to call to trial, along with a statement fairly describing the substance of each witness’s expected testimony. You have to provide this information to the other party at least sixty (60) days before trial unless a different deadline is ordered by the court.

10. Continuing Duty to Disclose

You have a duty to make additional or amended disclosures whenever new or different information is discovered or revealed.

Here is the link to the main divorce page

Additionally, here is a link to Divorce in Arizona with children

Avoiding the financial pitfalls of a grey divorce

Avoiding the financial pitfalls of a grey divorce

Avoiding the financial pitfalls of a grey divorce

Couples who are unhappy are deciding to end their marriages even if they have been married for many years. Divorce over the age of 50 — or grey divorce as it is known — is becoming more common today. In fact, overall divorce rates are declining in the country except for couples in this age range. Arizona spouses in this situation may wish to sidestep the possible financial ramifications of divorce later in life by avoiding certain mistakes.

When a couple that is close to retirement age divorces, there can be added financial pitfalls which could include retirement plans. One piece of advice experts agree on is selling the family home to offset any financial injury; holding onto a home may make the situation even more tenuous. Couples also need to know where they stand in terms of their assets and their debts so each person can make plans regarding their financial situation. Not looking at that picture can also create an added financial burden.

grey divorce

Dealing with taxes in a grey divorce

Divorce also changes a couple’s tax situation, so they need to focus on those changes and how they will affect each of them. Speaking with an accountant or tax adviser independently may be wise. Another error many people make is underestimating their monthly expenses living as single individuals. And former spouses should never hide assets from each other; it’s actually against the law.

See the main page on divorce

Here is a great article on grey divorce from Forbes