Divorcing in Arizona?  Don’t Simply Settle

Getting divorce in Arizona is pretty common.  In some counties, the divorce rate is upwards of 70%.  Divorce is difficult and emotional. Thus, many people simply want to get it over with and move on with their lives.  Understandably.  However, not giving the settlement part of the divorce the attention it deserves can result in an incomplete, unfair, or unenforceable settlement.  Ignoring deadlines, settlements, and court proceedings can leave you without much of what is rightfully yours.

Therefore, taking the time to go through your estate with a fine tooth comb ensures both you and your spouse are receiving a final agreement that doesn’t require any additional decision making down the road.  Sure, there may be anywhere from a few to many things that you can not come to agreement with your spouse.  However, those are issues that an experienced Arizona divorce attorney can guide you through.

If You Don’t Want the Divorce, Not Responding Will NOT Stop the Divorce

When one spouse in Arizona files a petition for divorce, the other spouse must be formally served with papers. These papers provide notice that divorce proceedings are underway and give the spouse who receives the papers the opportunity to answer and tell their side of the story.  Whereas, the responding spouse needs to file an answer with the Arizona Family Law Court within the deadline. Doing so moves the case forward.  Not responding creates a mess of other potential problems.

In some Arizona divorce cases, often, one spouse doesn’t respond to a divorce petition. Some people just don’t deal well with conflict.  Also, sometimes a person doesn’t agree or respond as they do not want to get divorced.  However, failure to respond to a divorce petition in Arizona will NOT stop divorce proceedings from moving forward.  Thus, you should not decline to answer a filed petition simply because you don’t want a divorce. Therefore, when a spouse doesn’t respond to a filed divorce petition, the person who failed to file the answer to the court will lose his or her rights to make arguments about anything decided in the petition, including:  Custody, Division of Property, and Child and/or Spousal Support. 

Things to Remember When Divorcing in Arizona:

• Be Thorough and Diligent when looking at Assets and Debts from your marriage
• Though You Want it to be Over, Don’t Just Settle and Not Get Your Share.
• Make sure you have an understanding of both past and future tax obligations.
• Negotiation and Compromise Goes a long way when settling your Divorce.
• Not Matter how heated the divorce gets, remember to always be respectful of your spouse.
• Don’t sign any agreements or settlements without consulting a family lawyer.

Our experienced Arizona Divorce Lawyers will explain how the process of filing for divorce in Arizona will work if one spouse has not responded.  Additionally, our AZ Family Law Team can represent clients during a divorce where one spouse does not respond.  Plus, we can also provide assistance to those who have received divorce or family law paperwork and are not sure what to do next.  Additionally, to assure that the divorce settlement agreement you ultimately sign is one that is fair to you, there are certain steps you should take. Start with consulting with and retaining a skilled Arizona Family Lawyer before you sign anything.  Call us today at (480) 263-1699 today to schedule a consultation and learn more about the divorce process in Arizona.

Take Your Time Before You Sign!

Throughout your life, undoubtedly you’ve probably signed various contractual documents.  Contracts like: leases, rental agreements, employment agreements, and mortgages. Chances are, when reviewing any of the aforementioned contracts, you probably have taken great care to check over every paragraph prior to signing.  Also, you may have sought legal advice from an attorney.  Therefore, going through the divorce process, it is important to approach a marital settlement agreement or a consent amendment in much the same way as you have other contracts. Whereas, you should engage in just as much care and caution before signing one of those as you would with any other important contract.  Much like the other contracts, a divorce agreement or settlement is just as binding and potentially just as impactful as other important contracts you have signed. 

If you’re in the process of getting divorces or if you are considering a divorce, we recommend calling the experienced divorce attorneys at My Arizona Lawyers, PLLC.  Not only will we help you prevent mistakes and protect your interests when creating your divorce agreement.  We will also make sure you have all of your bases covered and that the divorce settlement will be as favorable as possible.