Filing for divorce can be a decision that you make suddenly or slowly over the course of many years. But once a spouse has made that difficult decision, they’re usually more than ready for the divorce to be legally finalized- especially if they have informed their spouse of their intentions to leave. Waiting until the right moment to file for divorce can be awkward, if not highly stressful or even dangerous. If you do have the luxury of being able to wait, you should take advantage of it rather than face the financial and emotional consequences of a rushed divorce. Want to discuss any of the potential issues discussed below with an experienced Arizona family law professional? Schedule your free consultation with our affordable family law team by calling 480-263-1699.
Avoid These Emotionally-Charged Mistakes During Divorce
- Posting about your ex and the legal proceedings online: In this digital era, people feel compelled to share extensive details about their personal lives on social media. But publicizing information that may be better left kept private can come back to haunt you later on in divorce. Anything you post online leaves a digital footprint and can be accessed by a tech-savvy ex. If your ex uses it as an exhibit of evidence, it can be skewed and misconstrued against you.
- Getting your children involved in the drama: If your children are a little bit older, they’re aware of what’s going on and need some information about the divorce. But you should also be aware of how to co-parent responsibly during family law matters, as the judge could consider failures to do so against you in custody proceedings. Do your best to only tell your children information that is necessary, and avoid badmouthing your ex to them. Supporting a positive relationship with your children’s other parent is a factor considered in best interest determinations in custody rulings.
- Ignoring your own physical and mental health: Divorce is consistently ranked among the most stressful experiences one can have in life. Stress isn’t just emotional, but can take a physical toll on the body. Don’t forget to go to your regular doctor and dentist appointments during a divorce, or you could have more serious medical issues to address down the line. Many divorcing spouses benefit from seeing a therapist or other mental health professional to help learn how to process their emotions from such a trying time.
- Delaying divorce for the holidays or some other special event: Oftentimes, a parent will want to delay filing for divorce due to an upcoming holiday, graduation, or other milestone within their family unit. But this can cause more harm than good if everyone else is aware that divorce is just on the horizon. Talk with your Phoenix divorce lawyers about the cost-benefit analysis of filing for divorce now or waiting for a certain event to occur.
- Jumping right into a new relationship: Even if your new relationship is the reason you are filing for divorce, it’s usually advisable to take some time for yourself before returning to dating after divorce. You might not be able to show up as your best self for your new partner, and it can be confusing for children if their parent dates immediately after divorce.
Common Financial Errors In Rushed Divorces
- Selling and transferring assets without permission from your spouse or the court: While that second vehicle or pricey ring might be an easy way to gather the cash necessary to complete a divorce, it might not be a wise decision unless you are absolutely sure that it is your separate property. If this is revealed later in the divorce process, you could be penalized during property division. You may not be entirely sure whether your possessions qualify as community or separate property. If so, you should review your situation with an experienced family law lawyer practicing in a community property state such as Arizona.
- Cashing in your retirement savings: Some spouses in a rush to divorce will withdraw from their 401(k), Roth IRA, or other retirement savings account to pay for their legal expenses. This can be doubly expensive due to taxes and early withdrawal penalties. More issues can arise if you contributed to your retirement savings with funds earned during the marriage, i.e., community property funds. Retirement accounts can be complex to split in divorce, as it must be done using a Qualified Domestic Relations Order, or QDRO. If you have another source of cash to pay for your divorce, use it, or at least discuss the decision with your divorce attorney first.
- Signing an agreement to speed up the divorce process: Every divorce in Arizona takes at least 60 days to complete, regardless of any document your ex presents for you to sign. If you agree to anything in writing just to expedite your divorce, it could come back to haunt you. Once signed, divorce agreements are almost impossible to have invalidated. Always have any potential agreements reviewed by competent legal counsel before consenting to their terms with your signature. They will let you know whether it is worth it to continue with negotiations to receive a better outcome, or if the costs of continued litigation outweigh the benefits.
- Proceeding with divorce without adequate legal representation: Litigants in family law matters are not provided with court-appointed attorneys like they would be in a criminal prosecution. But family law matters can be just as complex as criminal trials, and have long-lasting effects on your family structure and financial situation. It is recommended that you seek out legal counsel as soon as possible once you are aware that a family law matter is imminent, or you have been served with papers. Your ex will have an inevitable advantage over you if they have a divorce attorney and you don’t. Don’t assume that you can’t afford the cost of a family law lawyer, or that you will be able to execute a divorce with nearly the same results on your own. Once any orders are in place for your divorce, you will need to wait at least one year before asking the court to modify them. Even then, the judge for your case may not be willing to overturn previous orders just because you were in a rush to complete your paperwork the first time.
Let Our Arizona Family Law Team Help You Avoid The Pitfalls Of A Rushed Divorce
Almost everyone agrees that getting divorced is stressful. But some have it easier than others thanks to legal representation from dedicated family law counsel and supporting staff. Our Arizona family law team strives to make skilled legal counsel more affordable for families across our state, while providing service at unbeatable levels. As much as you want to get your divorce done quickly, our legal team will make sure your divorce filing is executed as strategically as possible. We offer free consultations by phone so you can ask questions about how Arizona family law specifically applies to your situation, and receive a competitive quote for our legal representation. Get started today with your free consultation by calling 480-263-1699.
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