Understand the Process

Divorce can seem like a big scary event, especially if you’re extricating yourself from an abusive relationship at the same time. If it’s difficult to address all this at once, it may help to focus on the legal steps of a divorce. Once you know the legal steps of filing for a divorce, you can shut out much of the emotional manipulation by letting your attorney manage all the legal matters.

Seek Professional Mental Health Support

Struggling with how to cope with divorce is common enough that many turn to therapy for additional support, but the stakes become even higher when leaving an abusive marriage. Mental health support is important not only to help you get through the difficulty of a divorce, but also to repair possibly years of damage from being in an abusive relationship.

Get Mental Health Support for Your Kids, Too

If you were in an abusive marriage and have kids, it’s a good bet that your kids will benefit from therapy, too. Even if your children were not abused that you know of, if they saw one of their parents abusing the other, it affects them deeply. A therapist will also be valuable support for them as they navigate their new family structure, especially if they have ongoing contact with the abusive parent.

Surround Yourself With a Support Network

Professional mental health support is invaluable when you’re recovering from something like abuse, but a therapist cannot provide the day-to-day support that a good support network does. Surround yourself with supportive family and friends during this time, both so that you have someone to talk to and also so that you have someone to turn to in an emergency.

Prioritize What’s Best for You and Your Children

Grant yourself some compassion and grace as you travel this path. Take a deep breath and remind yourself that you’re doing what’s best for you, and if you have children, what’s best for them too. Keep that in mind as you encounter hurdles, and try to always prioritize what’s best for you and your children.

Get Legal Help

Last but not least, make sure you have a strong legal guide throughout the process. An experienced family law attorney can help you navigate the divorce proceedings and provide some protection from your abusive ex-partner. In addition, if there is a paper trail for the abuse, they may be able to present a strong case for limiting your ex’s contact with you and the children.

Getting plenty of support in all areas is incredibly important when leaving an abusive relationship. You will need not only legal support, but also plenty of mental and emotional support, from both professionals as well as your support network. At the Simon Law Group, we are sensitive to the unique needs of those who are leaving abusive situations. Contact us today for a consultation, and we can make a plan together for getting you through this.

Clearly Document All Community Property

Arizona is a community property state, which means that in a divorce, all shared assets must be divided 50/50. In practice this might not always work out precisely equally, but the courts typically try to divide property fairly between both parties. For this to happen, however, you will need to provide documentation for any community property in the marriage. If you’re making an argument that something is community property that might be contested, it’s important to clearly document what the property is and why you believe it should be considered community property. For instance, if your spouse inherited money that was added to the marital accounts, or property that was maintained or improved using marital funds, the court may consider those assets to be community property.

Provide Documentation of Any Separate Property

Arizona is very clear that any property owned by either property prior to the marriage remains separate in the event of a divorce. In addition, inherited or gifted assets during the marriage are also considered separate property, although the court may rule them to be community property if they were in effect added to the marital estate. If you anticipate the assets to be contested as separate property, you’ll want to ensure you have thorough documentation of why you still believe them to be separate.

Don’t Forget About Debts

Many couples make the mistake of focusing only on splitting assets during divorce, forgetting that the division of debts can be equally as important, especially if a couple has a lot of debt. While splitting your debts, be sure to take into consideration what debt was acquired prior to the marriage, as that will be considered separate debt. In the case where the same accounts were used during the marriage as before, the court will try to determine a fair division of the difference in debt acquired over the course of the marriage.

Hire an Attorney

Divorce can be complicated, and if one or both parties are running high emotions, that can make it all the more so. If you have a lot of community property and debt to divide, and if you think it’ll be complicated or that bickering is going to make it more complicated, it’ll be better for everyone involved if you hire an attorney to represent your interests. Attorneys can negotiate the division without the emotional baggage and ensure everything gets split up fairly, streamlining the process and sometimes even making court unnecessary.

Find an Experienced Divorce Attorney

Splitting assets during divorce can be complicated, but with the right attorney you can make it as easy as possible for everyone involved. Since Arizona is a community property state, there are fairly straightforward guidelines as to how the community property and debt is to be split. An experienced law firm such as the Simon Law Group can help you avoid common pitfalls, negotiate for you without the emotional involvement, and put the final nails in your divorce’s coffin so that you can move on with your life. For more information or to schedule a consultation, contact us today.

What Is Community Property?

Arizona considers all property acquired during a marriage to be community property. This means that it belongs equally to both parties, with a few noteworthy exceptions that we’ll discuss in a moment. Arizona courts will also ensure that marital property is always divided “fairly” during a divorce. Of course, that may or may not mean precisely equally, depending on the individual situation.

Examples of community property include the family home, cars, bank accounts, and retirement accounts acquired during the marriage. Sometimes the line is a little fuzzy, such as when a couple combined both “separate” and “community” property, which is often where conflicts arise.

What Qualifies as Separate Property?

Separate property is property that is not subject to being divided in a divorce. The most obvious category of separate property is anything that was acquired before the marriage, or (usually) after the divorce papers were served. However, there are special circumstances where you might have separate property even though it was acquired during the marriage. For instance, if you received money or property as a gift or through an inheritance, that’s considered separate property, even if you were married at the time. You may also keep property separate based on the terms of a prenuptial or postnuptial agreement

What Happens When Property Was Combined?

This is where dividing community property can get tricky: when both community and separate property was combined. For instance, if one spouse owned the family home prior to the marriage, but both spouses contributed to the mortgage payments and general upkeep during the marriage, you’ll need to determine how much of the equity should be considered community property and subject to division. Likewise, if one spouse inherited money but deposited it in the joint bank account, it could be considered community property instead of separate property. If the separate property is “commingled” it is more of a challenge to prove what portion is sole and separate.

Can Community Property Be Sold?

Especially if you are hurting for money while the divorce is pending, you might be wondering whether you can sell community property. Typically the answer is no. Once a divorce action is filed and served, a preliminary injunction takes effect on all marital property to ensure everything gets disclosed and divided fairly. The family home can be a notable exception, however. If the home is community property and neither spouse can afford (or wants) to buy out the other one, the judge may order the home to be sold while the divorce is still pending. Only once the home is sold can the proceeds from the sale be divided equally between both parties.

What About Community Debt?

Just like with shared marital property, any debt incurred during the marriage is assumed to belong to both spouses equally, regardless of whose names are on the accounts. Debt incurred before the marriage is still considered separate. Community debt can be divided fairly between parties just the same as community property.

If communal property and debt in your marriage is going to be very complicated to figure out and divide, chances are that you’ll need some help moving forward. A divorce attorney can help determine what you’re entitled to and represent your best interests, especially if you need to let the court decide. For more information about marital property divisions and a consultation of your case, contact the Simon Law Group today.

Divorce can be  expensive. Understanding both the short and long-term costs is essential for staying above water and landing on your feet when the ink dries on the divorce decree. At Simon Law Group, we help our clients take the steps necessary to minimize the financial costs of divorce as much as possible.

Short-Term Costs of Divorce

Your short-term costs will rise until your divorce is final. If your divorce is amicable, this could be as short as a year. If it’s contentious, it could be 18 months or even more. As much as possible, set money aside to cushion the blow. The following are some of the most common expenses you can expect when deciding that your marriage is no longer salvageable.

Housing – Median price for a studio apartment in Tempe runs around $1,200 a month, while a one-bedroom apartment is around $1,345. If you have children, you will want at least a two-bedroom apartment which will run around $1,689.

Utilities – You can expect to spend around $180 a month on gas, water, electricity, and trash. If you add internet to this, you can expect to spend slightly over $200 per month.

Moving – If you hire a mover, expect to pay anywhere from $1,000 to $1,500 for an in-town move. However, if you do it yourself, you can rent a U-Haul or Penske truck for around $40 a day.

Existing Housing & Expenses – If your name is on the existing mortgage, utility bills, credit cards, personal loans, etc., you will be responsible for those expenses. Therefore, it’s important to calculate these and set money aside to cover them in the short term.

Legal Fees – You will need to pay your attorney a retainer fee. The retainer covers the attorney’s time, filing fees, and other anticipated expenses associated with commencing divorce proceedings. The retainer is a deposit against future costs and time. If you expect a contentious divorce, you will want to discuss this with your attorney and estimate any additional funds you should earmark and set aside. In Arizona, even a simple and relatively uncontentious divorce case will cost $10,000-$20,000 on average. Contentious situations can easily cost $100,000 or more. 

Child Support/Spousal Support – The court will issue temporary orders that may require you to pay child support or spousal support during the proceedings. This cost will depend on your income, your spouse’s income, the number of children, and other factors.

Children’s Education – Both parents are responsible for children’s education expenses in Arizona until the child is 18 and/or graduates from high school. If a child is in college, you should expect to continue the same contribution to their education during and after the proceedings. However, post high school education costs are purely voluntary and not mandated by statute. 

Insurance – If you are on your spouse’s insurance plan, you can stay on that plan until you are divorced, after which COBRA allows you to stay on that plan for an additional 36 months. The same is true if your spouse is on your plan. The judge will determine who is responsible for insurance premiums and deductibles during proceedings.

Counseling – A divorce is an emotional event that shakes every aspect of your life. From your relationships with your children to the loss of companionship with your spouse, processing these emotions takes time. And counselors charge by the hour, roughly around $120 per hour in Arizona. Therefore, you should plan for at least one session per week throughout the divorce and until you feel you’ve processed the emotions and have developed strategies to mourn the loss of the union and cope with the “new normal.” 

Take Care of Your Credit!

It can be tempting to let mortgage payments lapse, credit card balances grow, car payments slide, etc. Please don’t do it! Missing payments and letting bills lapse can cause serious damage to your credit. Having good credit when the dust settles is invaluable to helping you move forward in a positive direction.

The Past Is the Best Predictor of the Future

Look over your credit card statements, mortgage expenses, maintenance expenses, utilities, etc., for the past few years. This will guide what you can expect future expenses to look like and help you adjust your budget accordingly. In addition, looking at your past expenses can help you see areas where you can cut back, and conversely, where you will need to spend more in the future.

Let It Go

There are assets worth fighting for; there are assets that will cost you more than replacement. It’s one thing to fight for a fair distribution of retirement accounts, real property, heirlooms, and personal property. But, some assets aren’t worth what they will cost you to win in the divorce. When it comes to the division of property, pick your battles. Going into divorce with a “give and take” mindset can save you a fortune in legal fees.

Refinance Now!

If either spouse intends to keep the home, it is best to refinance the mortgage before the divorce is final. Whenever possible, before the papers are filed. Refinancing the mortgage before or early in the divorce process can help ensure the best rate and make it easier to qualify since you can claim both spouse’s incomes. This move can benefit both spouses and help ease the short and long-term financial costs of divorce in Arizona.

Save… Don’t Spend

Always plan to cut back on expenses. Cutting out vacations, coffee houses, restaurants, etc., can help cover some of the expenses associated with divorce. In the short term, always plan to cut back your expenses as much as possible to give yourself the largest financial cushion possible.

Long-Term, Post-Divorce Cost of Divorce

Meeting with your accountant and financial planner can help you see the bigger picture. These meetings are a wise expenditure of time and resources. Both can help you stabilize your ship so that you can stay on course and achieve the best long-term financial recovery possible.

Loss of Income – If you previously had a two-income household, you will need to recalibrate your budget minus your spouse’s income. This can have a significant impact on your lifestyle. It is crucial that you accept the change and don’t try to maintain the same lifestyle you had before the divorce if you can’t afford to do so. Living beyond your financial means may feel comfortable at first, but it can quickly dig a hole that you won’t easily dig out of as credit card bills, mortgage balances, car loans, etc., eat away at your savings.

Spousal Support – If you earned more than your spouse, the court might order you to pay spousal support for a specified period. In Arizona, this is typically between 30-50% of the duration of the marriage. So, if you were married for ten years, you can expect to pay spousal support for 3-5 years.

Child Support – If the court orders you to pay child support, this will continue until the child reaches the age of majority (18). However, if the child is still in high school when the child turns 18, you will need to pay until 19 or they graduate. However, if the child is mentally or physically disabled, the court can order payments to continue past this date.

Retirement – Your retirement savings will likely take a hit in the divorce. You may need to make distributions to your spouse. This means more than a change in the balance; it means less in terms of long-term growth and the account’s value when you retire. You may also need to reduce your monthly contributions based on your new budget. [Link to retirement article] 

Insurance – Your insurance costs will likely go up since you will lose most volume discounts. This includes health insurance, life insurance, auto insurance, homeowners insurance policies, etc. However, careful planning makes it possible to bundle these under new policies and recoup much of the loss.

Taxes – These can go up or down depending on your income, liabilities, who gets to claim the children, etc. It is advisable to meet with your accountant during and after the divorce proceedings to determine the best tax strategies for your situation.      

Education – The reality of the evolving economy means that continuing education is essential for job stability and long-term financial security. While some employers offer financial assistance for courses and advanced degrees, most do not. Thus, it is advisable to estimate how much you will need to invest so that you can enjoy the lifestyle you desire. Make this a priority in your budget! It will benefit your mental health by giving you something new to focus on as you move in a new direction, and it could mean a significant boost in long-term earning capacity.

Life Insurance, Wills, Social Security Benefits, etc. – You are likely no longer the beneficiary to your spouse’s life insurance policy, their will, their parent’s will, etc. While you may still be able to claim survivor benefits from a pension plan or Social Security, wait until the final divorce decree in Arizona to account for these changes. Don’t ever count these chickens before the judge brings them home to roost. 

The team at Simon Law Group can help you prepare for the costs of divorce. We encourage you to contact our office at (480) 405-7568 to learn more about the strategies we use to help our clients achieve the best outcome in their divorce.   

Pets are part of the family, and about 80% of owners view them as such. Whether the animal is a pug or an American short hair, a ferret, or an iguana, your pet holds a special spot in your heart. However, unlike children, Arizona law does not consider pets as legal family members. Rather, pets are personal property, and in the past, their status in divorce suits was solely based on their financial value, rather than emotional. In most cases, the animal will be assigned a financial value when it comes time to divide personal assets, and balanced against other financial assets. In most divorces, it is up to the divorcing spouses (rather than the court or judge) to determine who gets pet custody, and whether or not the other parent will have access to the animal. 

Pets in America & Arizona

About 85 million American families own a pet. Based on data that shows there are roughly 128 million households in the United States as of 2018, 1.9 million of which are in Arizona. Statistically, it means that approximately 67% of all US households have at least one pet. Extrapolating from this, that means about 1.27 million households in Arizona have a pet whose family loves and cares for the animal. 

In 2017, there were 787,251 divorces in the United States. Assuming that 67% of these households had a pet, that means roughly 527,458 divorces involved determining pet custody. 

Pets Are Personal Property, Under Current Arizona Law

In the eyes of the law, pets are personal property and Arizona courts consider the pet as an asset. Since Arizona is a community property state, the animal’s financial value is what the courts will look at when determining who gets pet custody. In most cases, a negligible number is assigned to the animal, and the divorcing spouses get to agree upon a fair division of property based on this estimate.

For instance, if the Pekingese is estimated to have a value of $1,000, then the spouse who gets the dog will have this included on their side of the property distribution table. For the other spouse, it means that they will be entitled to an asset of equal value for their side of the table.  

Of course, pets have more than monetary value and judges tend to recognize that fact as societal attitudes evolve. Indeed, several states have either passed, or have introduced, legislation that establishes custody and visitation rights for pets. When companionship and love are considered, the animal’s value becomes significantly more important than the numbers on the receipt from the pet store. Further, while Arizona law currently considers pets as property, the courts are increasingly aiming to protect the best interests of the animal. 

Sorting Through Some of the Most Common Details

If the animal was acquired during the marriage, the pet is considered community property. However, if it was acquired before the marriage, the animal is considered separate property. Thus, the animal will go with the spouse who owned the animal before the wedding.

Of all the details that the court will look at when assigning custody of a pet in Arizona, children are one of the most significant considerations. Whenever possible, the courts often have a preference of keeping the family pet with the children. One reason for this is that there is substantial evidence that pet ownership can ease the emotional strains divorce exerts on children. The love and support of a pet can help them process the divorce psychologically and move forward as the “new normal” sets in. In most cases, parents agree to allow the pet to stay with the children, and it is not usually a point of contention unless abuse, neglect, or another factor that could cause harm for the pet is also in the picture.

The court can also consider various claims of ownership. They may look at who has undertaken the primary caretaker role. The judge will look at who feeds the animal, who takes the pet to the veterinarian, who takes it for walks, trains it, etc.  

Another factor the court can look at is the work situation of the spouses. If one parent works from home, it usually means that the animal is not accustomed to being alone for long periods. Similarly, if one spouse regularly travels for work, they may not have the ability to provide the care the animal needs. 

Further, if one spouse is financially insolvent, this can make it difficult for them to care for the pet. In such instances, the courts will often grant pet ownership to the spouse whose financial circumstances allow them to feed, house, and provide veterinary care. The court can consider these factors regarding the welfare of the animal and will usually choose to award custody of the pet to the spouse who is best able to care for the animal. 

Negotiating Visitation

Just because the bonds between you and your spouse are broken, it doesn’t break the bonds with the pets. However, Arizona courts don’t have the authority to award visitation rights for animals. This means that if the “non-custodial” spouse wants to spend time with the family pooch, it is necessary to negotiate an agreement. 

Entering into binding arbitration is usually the most comfortable, most expedient way to go about this. During the arbitration process, both spouses will present their evidence and the reasons they want to spend time with the animal. The arbitrator will review the evidence and determine a fair pet custody arrangement for both parties. This arrangement is submitted to the court as an order of the court, and the court can hold both spouses to the letter of the agreement. 

Whenever possible, negotiating pet custody is the most advisable route to take. When you are negotiating the agreement, there are specific, critical issues you will want to finalize. These include where the animal will reside, visitation rights, financial responsibility for the pet’s needs, and how to handle decisions regarding medical care.

The Myth (and Misinterpretation) of the “6 Day Rule”

Arizona Revised Statutes 11-1001 states that anyone who has an animal for six days or longer is considered the owner of the pet. Many urban myths and rumors are floating around over this frequently Googled rule. Some misinterpret this to mean that if one spouse has physical possession of the pet for six days or longer, then it is their pet, clear and free.

That is a misinterpretation of the law. The purpose of ARS 11-1001 is not to determine pet custody; rather, it is to ascertain responsibility regarding animal control. For instance, legal liability if the animal were to cause physical harm to someone. It has absolutely nothing to do with which spouse will receive the pet in the divorce.

The team at Simon Law Group, PLLC understands that pets are part of your family and that you want the best for them as the divorce process moves forward. We invite you to contact us at 480-745-2450 to learn more about the options that are available and the strategies we recommend for determining pet custody based on your specific circumstances. 

Click below to see the full infographic:

Enter the parenting coordinator.

1. What is a Parenting Coordinator?

A parenting coordinator is a neutral third party who has been trained to assist parents in resolving issues regarding their children. They are involved in mediation outside the courtroom, and teach strategies for working together in deciding child-related disagreements, and also will be asked to make recommendation to the court for orders should resolution prove impossible.

Different from a mediator, a parenting coordinator specializes in family and therapy matters, and is concerned primarily with the best interests of your child. Their commitment is to helping you and your co-parent learn how to make important decisions together in a healthy way.

2. Who Decides?

Parenting coordinators can be assigned by the court in high conflict matters, are recommended by the judge, a lawyer, or chosen by the parents, to help reduce family conflict without resorting to the courtroom over every issue.

3. Where Are They Coming From?

Retired judges, licensed attorneys, psychiatrists, psychologists, social workers, professional counselors, therapists, and other specialists can receive additional training to become a parenting coordinator, lending diverse, valuable expertise to the joint custody conversations.

4. Why to Hire?

In addition to saving money on legal fees every time you and your former spouse have a disagreement, parenting coordinators can improve the necessary interactions between you and your ex, as well as between your children. They can also help you:

• Stop wasting energy constantly fighting
• Spend less time in court and more quality time with children
• Benefit from a therapeutic environment where you can discuss child-related issues besides the courtroom
• Model courtesy and respect for your children
• Reduce stress on children
• Focus instead on career and new relationships

5. When To Find?

If things with your co-parent get bad enough that a judge is assigning one to you, it’s gone too far. Find a parenting coordinator as soon as it is clear that you and your former spouse will have problems working through parenting issues. Working with the specialized expertise of a parenting coordinator helps you avoid:

• Hefty legal fees
• Lengthy time in court or your attorney’s office
• Energy-draining interactions with your ex
• Stress on your family

A parenting coordinator’s counsel allows you to resolve personal parenting issues in less stressful environments outside the courtroom, while focusing more on legal matters with your lawyer. After the divorce, you will want to do everything you can to move forward with your life. Meeting with a parenting coordinator can teach both you and your ex to navigate issues without fighting, setting up a judge-free future for your new family reality.