Maricopa County Family Law Blog

Arizona is known for its low housing costs, great public transportation systems and ample employment opportunities. These are often among the top reasons many married couples choose to settle here and raise their families. Of course, not every marriage lasts a lifetime, which is why it pays to know another unique factor about this state: Property division in divorce operates under community property guidelines.

There are only eight other states that use community property guidelines to split marital assets and liabilities between spouses in divorce. Following such guidelines, most family court judges will split all marital property 50/50 between spouses. Whether this leads to an increase in hidden asset schemes is debatable; however, a concerned spouse is wise to investigate any issue that raises a red flag, such as money being withdrawn from a jointly owned account without both spouses' consent.

Maricopa County couples who are contemplating ending their marriages often face a wide array of emotions, and this can lead to wanting to get the process over with as quickly as possible. This might end up being a mistake, however, especially for those who have a significant amount of assets, because planning for the financial consequences in advance can be a crucial part of a divorce.

Having a financial adviser throughout the process is recommended for both parties, particularly one who is experienced in analyzing the issues that are important in a divorce. These can include appraisals of family businesses and art collections, spousal and child support, the impact on Social Security retirement benefits, life and health insurance policies, estate planning, post-divorce budgeting, investments and charitable gift planning. A certified divorce financial analyst will work closely with each party's respective divorce and estate planning attorneys and will obtain pertinent information from financial institutions and certified public accountants.

Maricopa County parents who are getting a divorce may want to explore a variety of solutions for parenting time. Parents aiming for a 50/50 split, which is increasingly common, may find that for younger children, alternating weeks means too much time away from each parent. Children can develop separation anxiety as a result.

Instead, parents may want to consider having the child move between their households more frequently and breaking down the days so that the child spends four days a week with one parent and three with the other. This could mean a 3-4-4-3 schedule across two weeks or a 2-2-3 schedule across a week. For parents, this might also work better since they have the child more regularly and are not trying to arrange child care for every other week.

While many people in Maricopa County might think that women are more interested in marriage than men, divorce statistics show that they are also more likely to end an unhappy relationship. According to a 2015 study conducted by the American Sociological Association, women initiate up to 70% of divorces across the country, far exceeding the number of divorces initiated by men. This marks a sharp upturn from the past, but there are many reasons for these changes. In the first place, women are more likely to work outside the home, and more people tend to marry those of roughly equal financial circumstances.

This means that women are not held back from filing for divorce because of a concern for how they will be able to survive. Fewer women are stay-at-home mothers, and financial issues may be less of a concern for many women who decide to end their marriages. On the other hand, some women may actually feel as if their marriages are holding them back, especially if they are unhappy and unfulfilling. They may feel that they carry higher levels of domestic responsibility despite holding down an equally demanding full-time job and come to resent the inequality.