Simon Law Group’s Top Ten Tips When Considering a Divorce 1. Control Your Emotions – The length and cost of the divorce process is directly related to the parties’ emotions. In Arizona, the Court’s do not consider which party was at fault causing the breakup, particularly with custody and division of assets. If your emotions run unchecked and cause you to take unreasonable positions this could subject you to attorney’s fees which typically are not awarded unless a party takes unreasonable positions or there is a wide disparity in income. See A.R.S. §25-324; 2. Select the Right Attorney for You – Interview the attorney. Does the attorney offer an initial consultation? Look at the attorney’s experience, background and is that attorney a litigator who will go to Court and be an advocate on your behalf. 3. What is the Attorney’s Procedure for Follow-up Calls – At Simon Law Group we offer an initial free consultation with an attorney and have a same day policy for replying to emails, telephone calls and other messages; 4. The Children Are Number 1 Priority – In a divorce involving children this is the upmost of importance. At Simon Law Group we are very aggressive in insuring that the best interests of your children are protected; 5. Legal Custody – In Arizona we have two (2) types of custody Joint Legal Custody and Sole Legal Custody. Joint Legal Custody involves decision making including but not limited to educational, medical and extracurricular activities. In awarding child custody, the Court may order sole or joint custody. The Court looks at the best interests of the children. Sole Legal Custody allows that parent to have final decision making. In most cases the parties are awarded Joint Legal Custody; 6. Parenting Plan – The Parenting Plan sets forth each parent’s rights, responsibilities, a visitation procedure, and which proposed changes, disputes and for other disagreements regarding the children are to be addressed and a procedure for periodic review of the Parenting Plan’s terms; 7. Child Support – Child Support is calculated based among other things, each party’s income, spousal maintenance (if applicable), medical insurance costs, daycare costs, and amount of parenting days; 8. Prepare a Chronology of Your Marital Lifestyle – This would include homes you have lived in, vacations you have taken, investments including bank accounts and investment accounts, stocks, bonds, history of purchases of automobiles, boats, motorcycles or other recreational vehicles, entertainment, schooling particularly private schools (if applicable) and most importantly, if there is a self-employed business with personal expenses being run through that business. Keep a list; 9. Document, Document, Document – You will save yourself lots of time, energy and attorney’s fees if you are able to collect copies of your tax returns, bank statements, credit card statements and other personal financial statements, business records, any and all investment accounts, automobile titles, deeds; and 10. Identify Major Assets and Liabilities – Make a list of all assets in value of excess of $1,000.00 and if you have appraisals on any unique assets these would be helpful as well. This will also apply to liabilities. ]]>
