Steps to Take Before Filing for Divorce in Arizona

Filing for divorce is a significant life decision that involves careful planning and consideration. Before taking any legal steps, it's important to assess whether divorce is truly the best option for you. Explore alternatives such as marriage counseling, which can offer valuable insights and might help you and your spouse resolve conflicts. Even if reconciliation isn't possible, counseling can still help you manage the emotional challenges of divorce.

Once you are resolved to file for divorce in Arizona, there are several preparatory actions you can take:

  • Understand relevant divorce laws — Familiarize yourself with Arizona’s rules for divorce, including residency requirements, grounds, property division methods and child custody guidelines. Understanding these laws will help you set realistic expectations about the outcome.

  • Gather financial information — Divorce often involves the division of assets and debts, so you’ll need to have a clear picture of your financial situation. Start by collecting all relevant financial documents, including bank statements, tax returns, property deeds, retirement account statements, and records of debts. This information will be vital in negotiating a fair settlement. If you’re unsure about the value of certain assets, consider hiring a financial expert to assist you.

  • Establish a post-divorce budget — Divorce can significantly impact your financial situation. Creating a post-divorce budget can help you understand how much money you’ll need to cover your living expenses. Consider your income, anticipated alimony or child support, and new living arrangements. Having a budget will guide your financial decisions during the divorce and help you plan for your future.

  • Protect your assets and credit — Take cautions to protect your financial interests. Consider closing joint bank accounts and credit cards, or at least monitor them closely to ensure your spouse doesn't make large withdrawals or incur significant debts. Additionally, keep copies of important financial documents in a secure location. If you’re concerned about your spouse’s financial behavior, consult your attorney for advice on how to safeguard your assets.

  • Prioritize your children’s well-being — Discuss the potential impact on your children and start considering custody arrangements. It may be helpful to consult with a child psychologist or counselor to prepare your children for the changes ahead. Aim to develop a co-parenting plan that prioritizes your children’s needs and minimizes disruptions to their lives.

  • Retain a skilled divorce attorney — One of the most important steps before filing for divorce is to hire an experienced divorce attorney, who can provide you with legal advice tailored to your situation, help you navigate the complexities of Arizona’s divorce laws and advocate for your best interests throughout the process. A lawyer can also assist with negotiations, ensuring that your rights are protected in matters of property division, spousal support, and child custody.

  • Consider alternative dispute resolution — Explore alternative dispute resolution (ADR) methods such as mediation or collaborative divorce. These options can be less adversarial and more cost-effective than litigation, allowing you and your spouse to reach a mutually agreeable settlement. Your attorney can guide you in choosing the best approach based on your circumstances.

For knowledgeable counsel on divorce and other family law concerns, call Clark & Schloss Family Law, P.C. at 602-789-3497 or contact us online to schedule a consultation at our office in Scottsdale.