These Are The Most Common Mistakes Made In Rushed Divorce Cases
If you’ve made the agonizing decision to leave your spouse, you may not want to spend even one more day being married. You might have met someone new you want to pursue a relationship with, or simply value being legally single, just like it was important to become legally married during better times in your relationship. Every divorce in Arizona will take at least 60 days to complete, and there are plenty of reasons that dissolving a marriage should take at least that long. If you rush to file for divorce, you may miss out on opportunities to set yourself up for a smoother divorce and a better financial situation as a newly single individual. Read on to learn some of the most common mistakes that are made when spouses try to rush the divorce process. Speak with legal help that can help you avoid them today- schedule your free consultation with an Arizona Family Law Lawyer today at 480-680-9126.
Filing Divorce Without Considering The Tax Consequences
If you’ve already filed your taxes and received your refund, it might not make sense to wait another whole year before pursuing a divorce from your spouse. But if you are anxious to get divorced and haven’t filed your taxes yet, you may want to pause to see whether it would be better to file for divorce before or after doing your taxes. If it saves you a few thousand dollars to file jointly rather than file as two separate individuals, these funds could be used towards your inevitable divorce costs.
Cashing Out Their 401(k)
You may foresee several expenses on the horizon if you are considering divorce. Some people consider this that special time to dip into their 401(k) or other retirement savings account to make life a little easier in the meantime. But as you probably already know, withdrawing early from your 401(k) comes with penalties, and you can be taxed on your early retirement withdrawals. Additionally, your retirement savings may be community property that are subject to property division in divorce. If so, these accounts need to be split using a Qualified Domestic Relations Order, or a QDRO. Executing a QDRO isn’t exactly straightforward, and most divorcing spouses need legal assistance to make sure it is done fairly.
Putting Off Hiring A Divorce Attorney
Americans are only afforded the right to a court-appointed attorney when their liberty is at stake in the criminal justice system. In a family law matter, hiring an attorney is each party’s individual responsibility. Otherwise, a party can proceed with a family law matter self-represented. This may seem like a great way to save funds up front, but proceeding with a divorce without an attorney can be an extremely costly mistake. Some spouses will show a side of themselves their partners never thought imaginable once divorce proceedings have begun.
Missing Opportunities To Clear Community Property Debt
Just like all assets acquired during a marriage in Arizona, all debts acquired during the marriage are also considered part of the community estate. Both of your attorneys will be paid an hourly rate to argue over who should be responsible for these debts. But if you clear those debts prior to filing for divorce, your attorneys will only need to negotiate the division of your assets during property division. One way this is possible- albeit by delaying your divorce for at least a few months- is with chapter 7 bankruptcy.
If you and your spouse share unsecured debts like credit cards and medical bills, chapter 7 bankruptcy can clear them in a matter of about 3 to 6 months. Some couples will put off filing for divorce so they can file for bankruptcy as a married couple and clear their debts before property division. This works best when they are able to protect most or all of their shared assets with bankruptcy exemptions. But some couples might not qualify for chapter 7 as a married couple, leaving chapter 13- a type of bankruptcy that lasts 3 or 5 years- as the only option. A divorce can’t be finalized while a bankruptcy is pending, so chapter 13 isn’t a great option for married couples on the brink of divorce. If the spouses don’t qualify for chapter 7 as a married couple, they might qualify as separate individuals after their divorce has been completed. This is especially important if spousal support or other divorce-related issues are involved. Discuss your divorce debt relief options with an experienced Arizona legal professional today- call 480-680-9126 for your free consultation with our firm.
Hiding Money & Assets
The prospect of splitting everything you’ve worked so hard for in half is probably an unpleasant one. Many spouses will rush to sell a pricy piece of jewelry, transfer a vehicle to a relative, or find some other way to hide community property funds and assets before filing for divorce. It works out for some, but it can have disastrous consequences for a spouse who is caught being dishonest in a legal proceeding. Arizona is a community property state, and your future ex may have rights to property that in reality has always been yours alone. You should also look for an attorney who will be on the lookout for the opposing party trying to take advantage of you in the same way. Consult a divorce attorney in Arizona for more information about splitting assets in a community property state.
Leaving The Marital Home
When tensions are high, physically separating can keep a couple from letting an argument get out of control. It makes sense that often, one spouse will move out of the marital home at the start of the divorce proceedings. While it can help the spouses avoid unnecessary fights and disputes, it may put the spouse who leaves at a disadvantage during negotiations. If your spouse is your children’s primary caretaker and remains in the marital home, the judge will have an interest in maintaining normalcy for your children. It can also be expensive to pick up and start a new household while in the process of dissolving an old one. Before leaving your marital home during divorce, discuss the situation in detail with an experienced Arizona divorce attorney.
Being Dishonest With Your Divorce Attorney
You may already be accustomed to bending the truth or omitting certain facts when recounting the downfall of your marriage to family and friends. This may be to protect your legal position, or simply to avoid making your loved ones uncomfortable. But there is no need to gloss over the truth with your divorce attorney. It only takes a few years of practice in family law to observe a wide variety of family law issues that numb legal professionals to personal judgment. Your attorney will be much better equipped to handle the issues that arise throughout your case if you are honest with them from the start.
Avoid Common Divorce Mistakes That Can Cause Negative Resolutions With A High-Quality Arizona Family Law Firm
While it’s important to execute a divorce expediently, it’s just as important to know when to hesitate because of the positive results it can bring. The earlier in the divorce process you retain a skilled family law attorney, the more control you will have over your case’s outcome. Our Arizona law team is dedicated to putting our legal knowledge to work for our clients across Phoenix and Tucson. Schedule your free consultation with an Arizona family law attorney today at 480-680-9126.
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