The goal of any firm is to make the divorce process as simple and painless as possible, so clients can move on with their lives. The divorce process requires considering a number of factors, including division of assets, spousal support as well as child custody and support.
Division of Assets in The Divorce Process
Dividing the property of spouses during the divorce process can be quite difficult depending on how significant the assets are. These assets can include houses, rental property, retirement and pension plans, stock accounts, businesses, and more. If your divorce is contentious, this can be especially complicated.
Reaching a negotiated settlement speeds the divorce process dramatically and can save you money in legal fees. Moreover, in cases where you cannot come to an agreement, the court will use its judgment to impose a plan that is as fair as possible. There are also state laws to consider as well as the difference between separate and marital property.
Separate Property generally includes:
– Inheritances received before or during the marriage
– Gifts received from third parties
Marital Property typically includes:
– Assets titled in either spouse’s name
– Income earned during the marriage
State laws vary significantly between Community Property and Equitable Distribution states. Consulting a qualified attorney is critical.
- Is everything split 50/50 in a divorce? In community property states like Arizona, marital property is typically divided equally. However, separate property is not divided.
- How are retirement accounts divided? Retirement accounts earned during marriage are usually marital property and may require a Qualified Domestic Relations Order (QDRO) for division.
- What happens if my spouse is hiding assets? Courts take asset concealment seriously. A skilled attorney can use financial discovery tools to uncover hidden income or property.
- Are debts divided the same way as assets? Yes. Marital debts are generally divided equally, even if only one spouse incurred them.
Spousal Support (Alimony)
Spousal support is often a major issue in divorce. There is no single formula that applies to all marriages. Whether support will be awarded depends on the specific facts of your case.
The purpose of alimony is to help the receiving spouse maintain financial stability after divorce. Courts aim to award an amount that is fair under the circumstances. Considerations include:
- Full financial disclosure of both parties
- Standard of living during marriage
- Income disparity
- Length of marriage
- Each spouse’s earning capacity
Child Custody & Support
Child custody and support are often central issues in divorce involving minor children.
Courts prioritize the best interests of the child. Factors include:
– Stability and caregiving history
– Physical and mental health of parents
– Evidence of abuse or neglect
– The child’s age and maturity
Joint custody is common when it serves the child’s best interests.
Child support is an ongoing financial obligation paid by one parent to the other. In joint custody situations, the higher-income parent typically pays support.
- Can my child choose which parent to live with? A child’s preference may be considered depending on age and maturity, but it is not the sole deciding factor.
- How is child support calculated? Support is determined using state guidelines that factor in income, parenting time, medical costs, and other expenses.
- Can child support be changed later? Yes. Modifications are possible if there is a substantial change in income or custody arrangements.
Same-Sex Divorce Process
The recognition of same-sex marriage has introduced unique considerations in divorce cases. Issues may arise regarding:
- The length of the relationship before legal marriage
- Classification of pre-marital assets
- Determining parental rights
- Biological versus adoptive parent disputes
Courts sometimes face additional complexity in child custody matters when one parent is biological, and the other is adoptive.
- Is same-sex divorce handled differently than other divorces? The legal framework is similar, but complications may arise regarding asset division and parental rights.
- How are assets divided if the relationship existed before marriage was legalized? Courts examine when assets were acquired and may consider equitable arguments depending on state law.
- What if only one parent is biologically related to the child? Adoptive or legal parent status plays a major role. Establishing parental rights early is critical.
Other Methods of Resolving Conflicts at Divorce
There are ways to resolve divorce conflicts outside of the courts. There are three basic methods, including negotiation, mediation, and a new approach known as collaborative divorce.
Negotiation involves the parties working through a dispute until it is resolved. While divorcing spouses can do this on their own, lawyers can and do play a role in these negotiations.
Mediation, on the other hand, is a form of negotiation that involves a neutral party known as a mediator. However, a mediator is not a judge or an arbitrator and does not make decisions or issue rulings. But the mediator works with both spouses to resolve legal disputes, communicate more effectively and ultimately reach an agreement.
Finally, in a collaborative divorce, each party has an attorney that assists in the negotiation by acting as an advocate for their clients. Both spouses and both attorneys must agree in writing that they will not take the case to court and will settle it instead. In the end, a collaborative divorce will only work when all the parties agree to not have a referee or judge manage the divorce.
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Divorce is rarely simple. The financial and emotional stakes are high. A successful divorce is one that is resolved thoughtfully and strategically. Cohen Family Law provides experienced, compassionate guidance to help you navigate the process with clarity and confidence. Contact us today to schedule your consultation.
Cohen Family Law services clients with their divorce process throughout the Phoenix, Arizona area, including Anthem, Chandler, Gilbert, Glendale, Goodyear, Laveen, Mesa, Peoria, Scottsdale, Surprise, and Tempe.
