Navigating Divorce: Essential Steps for a Positive Outcome

Divorce is a profoundly challenging life event, often accompanied by emotional distress and legal complexities. While no two divorce proceedings are identical, adhering to a set of best practices can significantly reduce stress and help secure a more favorable result. Proactive measures and a clear understanding of the process are instrumental in navigating this transition. At Simon Law Group, we believe informed clients are empowered clients. This guide outlines the essential "Do's" to follow, providing a strategic framework for individuals embarking on the path of divorce in Arizona.

Do Plan Ahead for Your Divorce 

One of the most detrimental mistakes in a divorce proceeding is being caught unprepared. Failing to understand your legal rights or assuming the other party will act fairly can lead to costly and emotionally taxing consequences. Strategic planning is not about initiating conflict, it is about protecting your interests and preparing for a stable future. This involves gathering financial documents, understanding your household budget, and inventorying marital assets and debts.

When children are involved, the need for foresight becomes even more critical. It is imperative to ensure the Court establishes a Temporary Order early in the divorce proceeding. This legal directive will outline crucial arrangements regarding financial responsibilities, such as who pays the mortgage and other bills, as well as establish a structured parenting time schedule. These temporary orders provide stability for your children and clarity for both parents, while the final details of the divorce are being negotiated. For those facing these sensitive matters, consulting with an experienced family law attorney is the first step toward creating a comprehensive plan. 

Do Follow All Court Orders Diligently 

The orders issued by the court are not suggestions; they are legally binding mandates that must be followed with precision. A Consent Decree, once signed by a judge, carries the full force of the law. If you are ordered to pay spousal maintenance or child support, it is essential to make these payments promptly and exactly as specified in the court order. 

Failure to comply can lead to severe consequences, including being found in contempt of court or falling into arrears (accumulating unpaid support). Such non-compliance can negatively impact your standing with the court and lead to wage garnishment, asset liens, or other enforcement actions. Adhering strictly to every court-mandated obligation demonstrates responsibility and good faith, which can be beneficial throughout the legal process.

Do Prepare for Joint Legal Decision-Making 

As of January 1, 2013, Arizona law moved away from traditional "custody" terminology and toward a model that encourages shared parenting. The courts now focus on "legal decision-making" and "parenting time." Legal decision-making authority determines which parent makes major decisions regarding the child's education, healthcare, and religious upbringing. It is presumed that joint legal decision-making is in the child's best interest. 

Therefore, it is crucial to prepare for a co-parenting arrangement. This involves demonstrating your ability and willingness to cooperate with your ex-spouse on matters concerning your children. Courts favor parents who can set aside personal differences to foster a healthy, stable environment. Documenting your involvement in your child's life, from school activities to doctor's appointments, can substantiate your commitment to being an engaged parent. Understanding the nuances of these laws is vital, and a detailed review of the divorce do's and don'ts can provide additional clarity.

Do Communicate Calmly and Effectively 

During a divorce, emotions often run high, but maintaining calm and purposeful communication is paramount. It is advisable to keep conversations with your ex-spouse minimal and focused only on necessary topics, such as parenting schedules or financial logistics. If verbal discussions consistently become contentious, transitioning to written communication, like email, can be an effective strategy. Email provides a written record of your interactions and allows you to thoughtfully compose your responses, removing the immediacy that can fuel negative reactions. 

When children are part of the equation, the importance of positive communication cannot be overstated. It is beneficial to praise your ex-spouse in front of your children and actively encourage a loving relationship between the children and both parents. This approach helps protect your children from the emotional fallout of the divorce, and demonstrates to the court your ability to co-parent effectively. 

Take the Right Steps with Professional Guidance 

Navigating a divorce requires careful planning, legal knowledge, and emotional discipline. By following these essential "do's," you can approach the process with greater confidence and work toward a resolution that protects your rights and lays the groundwork for a secure future. 

The complexities of family law require professional expertise. If you are considering or currently undergoing a divorce in Arizona, the attorneys at Simon Law Group are here to provide the support and representation you need. With over 80 years of combined experience, our team works tirelessly to secure the best possible outcomes for our clients. 

Contact Simon Law Group today to schedule a free consultation, and let us help you navigate this challenging time with authority and care.