Maricopa County Family Law Blog

Divorce can be hard on everyone in the family, but it can be especially hard on kids. As a parent, you may hesitate to tell your children about your divorce because you do not want to cause them pain. However, it is often better to tell kids about divorce sooner rather than later.

If you are sure your divorce is happening, it may already be the right time to tell your children about it. It may also be time to tell your kids if, in the next month or two, you or your spouse plan to move out of the marital home or your custody agreement will go into effect.

When divorcing couples enter into property division negotiations, the marital home is usually the most valuable asset discussed. The community property laws in Arizona require marital assets to be divided equally, which means establishing an agreed-upon value for the primary residence is extremely important. This is usually done by qualified real estate appraisers, but it is often a difficult process.

Appraisers usually inspect the home in question and then check recent transactions in the area to find out how much similar properties have sold for. Divorcing spouses often appoint an appraiser each, and a third appraisal may be required if their valuations are not in alignment. Once a property value has been agreed on, the spouses must decide whether or not to sell the marital home and divide the proceeds. If one spouse wishes to remain in the home, negotiations become more complex and potentially more contentious.

When Arizona residents decide to seek a divorce, there are many areas of concern in how to build a new life. Finances, including credit score, are of great importance since they can determine quality of life after the divorce. There are steps that can be taken before the divorce decree is final that can protect that score and finances overall.

The road to divorce starts much earlier than the actual division of assets, negotiations and court dates. Protection of finances and credit score should start early. Joint credit cards, mortgages and loans can hurt individuals' finances after the divorce, so couples should start working toward splitting those up before the finalized divorce. One way is to open an individual credit card with a limit that can be easily paid off by one person before paying off and closing the joint accounts. Another is by removing an authorized or joint user on the account and assuming the responsibilities and liabilities for that card. Cards can also be put into inactive status, preventing any future charges as they are paid off.

Couples in Maricopa County who have been married for decades might be more likely to get a divorce than younger couples who have only been together for a few years. Divorce is on the rise for people who are 55 and older, and for people 65 and older, the divorce rate is more than two times higher than it was in 1990. These marriages may be ending in part because of a shift toward the idea that divorce is more acceptable, particularly as people are living longer lives.

However, it is important at this time that both individuals take steps to protect their finances. For example, calculating income for the purposes of alimony may be more complex as people advance in their careers because they may also acquire stock options, travel benefits, executive compensation packages and more that need to be included. For the purposes of property division, in a community property state like Arizona, most assets acquired after marriage are considered to be shared property that should be equally divided in a divorce.