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What are the Most Common Mistakes Made When Starting a Divorce?

What are the Most Common Mistakes Made When Starting a Divorce?
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One of life’s most challenging legal and emotional transitions, divorce changes your life in critical ways. Making the wrong decisions early in the process can be easy to do. Yet, poor initial choices often have lasting consequences for your finances, your children, and your future. Understanding these common errors can help protect you as you begin the process and ensure a smoother path forward.

Frequent mistakes people make when beginning their Arizona divorce include:

  • Not understanding Arizona’s divorce laws
  • Inadequate financial preparation and documentation
  • Attempting to hide assets or income
  • Assuming gender bias will affect custody decisions
  • Rushing through the process without proper guidance
  • Proceeding without experienced legal representation

At Rachel Frazier Johnson Law, we have helped numerous clients through the difficulties that divorce presents with clarity and compassion. We can help you as you start your journey.

Not Understanding Arizona Divorce Laws

Arizona operates under specific legal frameworks that differ from other states. These differences can significantly impact your case if you’re unprepared.

  • No-Fault State Requirements

Arizona is a no-fault divorce state, meaning you don’t need to prove wrongdoing by your spouse. The court only requires evidence of an “irretrievable breakdown” of the marriage.

  • Community Property Rules

Arizona follows community property laws, which means in general that assets and debts acquired during the marriage are considered jointly owned. This property is then typically divided equitably during a divorce.

  • Residency Requirements

Before filing for divorce, at least one spouse must have lived in Arizona for 90 consecutive days.

Inadequate Financial Preparation

Financial preparation forms the foundation of a successful divorce outcome. Many people underestimate the importance of thorough documentation and planning when initiating a divorce.

  • Failing to Document Assets

Gather complete records of all marital assets before filing. These could include bank statements, investment accounts, real estate documents, business valuations, and retirement accounts.

  • Neglecting to Calculate Living Expenses

Divorce transitions one household into two. Calculate your post-divorce living expenses, including housing, utilities, insurance, and child-related costs. This preparation helps you negotiate realistic spousal maintenance and child support arrangements.

Hiding Assets or Income

Arizona courts require complete financial disclosure from both parties. Attempting to hide assets or income is not only unethical but can result in severe legal consequences.

Assuming Gender Bias in Custody Cases

Arizona courts make custody decisions based solely on the child’s best interests, without regard to parental gender. Both parents have equal rights and opportunities to seek custody and parenting time.

Success in custody matters depends on demonstrating your involvement in your children’s lives, your ability to provide stability, and your willingness to foster the child’s relationship with the other parent.

Rushing the Process

Divorce involves life-changing decisions that deserve careful consideration. Rushing through agreements to “get it over with” often results in unexpected long-term consequences. Take time to understand your options, gather information, and develop a comprehensive strategy for your future.

Not Working With an Experienced Divorce Attorney

Perhaps the most costly mistake is attempting to navigate divorce without skilled legal representation. Arizona divorce law involves statutes, court procedures, and financial considerations that require professional understanding.

An experienced attorney provides objective guidance when emotions run high, ensures proper documentation and filing procedures, and protects your rights throughout the process. They can also help identify potential issues you might otherwise overlook and develop strategies to achieve your goals.

Protecting Your Future Through Informed Decisions

Divorce represents both an ending and a beginning. While the process can feel overwhelming, avoiding these common mistakes can position you for a more favorable outcome and a stronger foundation for your future.

At Rachel Frazier Johnson Law, we understand that facing legal challenges can be daunting. Our team prioritizes compassion, support, and strategic guidance to help you navigate this transition with confidence. With over 25 years of litigation experience, we’re committed to protecting your interests and empowering you to move forward with strength and clarity.

If you’re considering divorce or wondering about your rights under Arizona law, we invite you to contact us for a consultation. Let us help you avoid these costly mistakes as you start your journey.

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