Should I Get A Divorce? Full List Of Questions To Ask Yourself

Am I Prepared to Get a Divorce in Arizona?

Divorce preparation is about more than knowing whether or not it’s time to end things. It’s also about hiring the right divorce lawyer, securing finances, and preparing children involved for the changes that lie ahead. 

It’s understandable to be overwhelmed and uncertain about the process, but taking the time to thoroughly consider your options and prepare for what’s to come can make a world of difference in the legal process.

Is My Marriage Irretrievably Broken?

Arizona is a no-fault divorce state, meaning that the person filing for divorce does not need to prove that their spouse did anything wrong. However, they must prove their marriage is “irretrievably broken” or cannot be saved.

In this case, it’s important to have an honest conversation with yourself about the state of your marriage. While every marriage experiences ups and downs, it’s vital to consider whether the issues in your relationship can be worked on with a marriage counselor or are irreparable.

Does My Ex-Spouse Feel the Same Way?

Getting on the same page as your spouse makes these proceedings much smoother. If both parties agree that the marriage is over, it can lead to a more amicable and less contentious divorce process. It also means it is much easier to maintain a healthy relationship when the marriage ends.

However, if your spouse cannot accept the idea of divorce, it may complicate things and require additional legal intervention. Fortunately, an experienced Arizona family law attorney can help file temporary orders to protect your interests while you work towards an amicable agreement.

What is the Ideal Spousal and Child Support Arrangement?

It is essential to go into proceedings clearly understanding what you deem acceptable support arrangement. This includes both spousal support and child support, if applicable. Remember that Arizona rarely applies permanent alimony to a divorce judgment. Instead, the court focuses on spousal maintenance that is either temporary, a reimbursement, or rehabilitative.

What is the Ideal Child Custody Arrangement?

Every divorce involving minor children needs a parenting plan that outlines child custody and visitation schedules. Consider the best interests of your children when deciding on a custody arrangement. If conflicts arise, seeking divorce mediation or involving a family law attorney may be beneficial to help create a custody agreement that works for everyone involved.

Are You Willing to Go to Arizona Family Court for a Divorce?

Though official court proceedings are necessary for filing and finalizing a divorce in Arizona, this doesn’t mean the entire process needs to be litigated in court. Many divorcing couples opt for mediation or collaborative divorce to settle their differences outside of the court setting.

However, if spouses cannot agree, bringing the case to court is necessary. This process is both lengthy and costly. If you are unsure about your ability to handle the stress of your own divorce, hire an experienced Arizona divorce attorney to negotiate and litigate on your behalf.

What Are My Marital and Non-Marital Assets or Debts?

One of the most significant considerations in divorce is the division of assets and debts. It’s important to clearly understand whether a bank account, loan agreement, or retirement accounts are considered marital (acquired during the marriage) or nonmarital (owned before the marriage).

Creating a comprehensive list of financial documents, medical bills, current financial situation, and family heirlooms can help ensure that everything is divided fairly during divorce. If you are having trouble determining what is and isn’t joint assets, a financial advisor from an experienced family law office can help you gain clarity.

Do I Need Emergency Orders to Protect My Interests?

Sometimes, one spouse may need to file emergency orders when emotional and verbal abuse, drug use, or other dangerous behaviors risk the safety of you or your children. These could include temporary custody arrangements or restraining orders.

These emergency orders are also available to spouses dealing with just physical violence. Arizona courts recognize domestic violence as a serious mitigating factor in divorces and can issue immediate temporary orders to protect the safety of you and your children.