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Phoenix Arizona Family Law Blog

Advice to help navigate the uncertainty of divorce

Ending a marriage is never an easy thing to experience. Divorce is emotional and can be a very delicate transition for all parties involved. Those going through a split will experience a myriad of emotions, and these emotions can be scarring and not easily forgotten. The following tips can help those in Arizona navigate through the rough waters of divorce.

Taking the right advice not only applies to divorce but to life in general. However, during divorce, many people can get overwhelmed with the excess information available today. A separation from a spouse is a personal thing to experience, so taking advice from strangers is not always the best choice. It is also important to set realistic expectations and confront the reality of the situation. Always be careful to not let emotions get in the way of rationality.

Men can also struggle during divorce

Couples going through a separation in the state of Arizona will most likely experience a myriad of emotions and difficulties. It's no secret that divorce can impact men and women very differently. Stereotypically, women are thought of as needing more support than men during times of emotional crisis. What modern stereotypes neglect to portray is that, during divorce, men often suffer psychologically and emotionally just as much as women. 

Modern society often paints a picture of the newly divorced husband as happy with new-found freedom. Because of this, the mental distress of post-divorce men is often unexpected and can go unnoticed. An emotionally traumatic event such as the end of a marriage can be particularly hard on middle-aged men and a possible tipping point. Recent statistics show that men between the ages of 40-60 have the highest rate of suicide in the United States, with divorce being one of the main suicidal risk factors.

Choosing a parenting arrangement isn't always simple

In the past, parents who weren't married used a basic formula of custody that involved the mother having the child for the overwhelming majority of the time. It wasn't uncommon for a father to only see his children once every two weeks, for a couple of weeks during the summer, and every other holiday. As society has changed, this arrangement has taken a back burner to some more child-friendly arrangements.

When you and your child's other parent are trying to work out a parenting plan, one question that comes up is what type of parenting arrangement will be in play. Traditional joint custody requires very little interaction between the parents, but this isn't the right style for everyone. Co-parenting, which involves more cooperation between parents, is becoming more common.

NBA star involved in child custody battle

In Arizona, custody laws exist to protect and facilitate the needs of not only children but parents as well. Unfortunately, parents may sometimes disagree on child custody, and a custody battle may ensue. When this happens, it is typically the children who suffer the most. A child custody battle involving the children of NBA star Blake Griffin and his ex-fiance made headlines recently, as Griffin made attempts to gain custody of their children.

According to reports, Griffin legally filed for paternity of his two children that he shares with his former fiancee, Brynn Cameron. This type of filing is usually the first step to determining legal custody. Reports also indicate that Griffin recently began dating Kendall Jenner and filed the papers right after the two began their relationship. Cameron responded to Griffin's filing by filing her own legal documents.

Coping strategies for those going through divorce

Deciding to end a marriage can be a very a difficult and stressful decision to make and have a multitude of emotional and psychological ramifications. Divorce can affect a person at all levels. No person plans on divorcing when they first get married, but sometimes certain circumstances arise and ending the marriage is the only option left on the table. Although parting ways with a spouse is never easy, there are strategies that Arizona couples can use to ease the impact of a divorce.

One of the most important things to do is to acknowledge that a divorce is really happening and own it. The first stage of moving on is learning to accept what has happened. It is also important not to place blame on the other party. Always keep an open mind, focus on the future and let the past be the past.

Does same-sex divorce differ from opposite-sex divorce?

Same-sex marriage rights are still new across the U.S. In Arizona, same-sex couples have only been legally allowed to get married or have out-of-state marriages recognized for three years. As states adjust to these rights being upheld, their laws need to be updated to comply with Obergefell v. Hodges.

With the right to get married also comes the right to get divorced. How do these divorces differ from those of opposite-sex couples?

Shared parenting could be the best solution for child custody

In recent years, shared parenting has become a more popular agreement when Arizona parents decide to end a marriage. More and more states are passing new child custody laws that encourage and facilitate co-parenting arrangements. Traditionally, primary custody of children was awarded to mothers, long considered the natural caregivers. However, these days more custody rights are being given to fathers, as modern-day dads continue to take a more active role in the lives of their children.

Recent research has shown that children with involved and active fathers benefit by having more self-esteem and also perform better academically. This directly supports the notion of co-parenting. Traditional custody laws follow the age-old belief that mothers were better at raising children than fathers. However, this recent research does not support these traditional beliefs.

Spliting assets amid divorce

Ending a marriage these days can be a costly experience, not only in Arizona but across the country. The financial ramifications of divorce can be astounding and definitely overwhelming. In a marriage, most couples may acquire many assets with shared ownership. During a split, questions may arise regarding these shared assets and what to do about them.

The home can be a big asset that separating spouses commonly have questions about. Determining the current value of the home is usually the first step to take. One common solution is to sell the home and divide the proceeds, which may only work if neither party has an attachment to the home. If one party would rather keep the home than sell it, a possible solution would be for one spouse could buy out the other spouse's half. Couples should also take inventory of things like furniture and other household items and divvy those out appropriately and fairly.

What are you going to do with the marital home if you divorce?

It is a question that comes up in a lot of divorces. What will happen to the marital home is one of the primary concerns that people have when they are going through a divorce.

You might think that the answer is easy. That is, until you take the time to sit down and really look at the situation. There are several points that you need to think about if you are having to make this decision.

What to do about retirement funds amid divorce

When couples in Arizona decide to end a marriage, many questions regarding finances will arise. Individuals facing divorce may be wondering what to do regarding retirement accounts and assets that were shared with their former spouses. In order to save money, couples may attempt a do-it-yourself divorce. But without the proper legal agreements in place, couples may face penalties. When splitting retirement funds, there are steps that can be taken to help couples get through this process with minimal financial damage.

When separating, some couples may try to remove funds from shared retirement accounts. Removing money from retirement accounts and 401ks without the proper paperwork will result in severe tax penalties. If couples need to move or withdraw money from retirement accounts, a qualified domestic relations order may help them avoid taxes and stiff penalties.

Reppucci & Roeder Attorneys at Law | 5727 N. 7th Street, Ste. 205, Phoenix, Arizona 85014 Phone: (480) 900-5538 Map & Directions
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