We often see family law clients who have misconceptions about divorces. These misconceptions impact their decision-making. We are going to debunk common myths about divorce in Arizona to provide clarity and empower individuals with accurate information.
Myth #1: Arizona’s No-Fault Divorce Means Fault Doesn’t Matter
Reality: A spouse does not need to prove “fault” to get divorced in Arizona. However, factors like domestic violence, substance abuse, criminal convictions, infidelity, and community waste may be considered in determining legal decision-making and parenting time arrangements for children and in considering spousal maintenance (alimony) and the potential unequal division of assets.
Myth #2: Primary Caregivers Automatically Receive Sole Legal and Physical Custody of Children
Reality: Arizona family courts prioritize the best interests of the children, irrespective of parental gender and previous caregiver roles. Arizona law provides for maximizing involvement of fit parents in decision-making and frequent and meaningful parenting time with their children. However, there are several “best interest” factors that the court must consider in determining child-related orders. Some of these factors include the children’s relationship with the parents, their interrelationships with siblings and family, the children’s adjustment to home, school, and community, the mental and physical health of all parties, and—if the children are or suitable age and maturity—their wishes. A thorough review of these factors can help ensure decisions regarding the children’s best interests are focused on stability and the children’s well-being.
Myth #3: Property Division Is Always a 50/50 Split
Reality: Arizona follows equitable distribution principles, aiming for a fair division of marital property. While the starting point is an equal division, courts consider several factors when determining whether an unequal distribution of property is equitable. This can commonly be in instances of abnormal expenditures, destruction, concealment, or fraudulent disposition of community assets (also considered community “waste”). There can also be in circumstances of fraud, deceit, or other situations when an equal division would not be equitable, or the courts would consider it improper.
Myth #4: Divorce Inevitably Leads to Lengthy Court Battles
Reality: While some divorces involve contentious litigation, many can be resolved amicably through alternative dispute resolution methods like mediation. These approaches prioritize communication and cooperation, almost always resulting in quicker and more cost-effective resolutions.
Myth #5: Child Support Ends at Age 18
Reality: In Arizona, child support obligations under the Arizona Child Support Guidelines typically extend until the child reaches the age of majority (18) or graduates from high school, whichever occurs later. There may be exceptions, however, that apply for children with special needs.
Myth #6: Divorce Spells Financial Ruin
Reality: While divorce inevitably impacts the finances of both parties, prudent decision-making and strategic planning with counsel can mitigate its effects. Seeking advice from financial professionals and exploring alternative dispute resolution methods can help couples achieve fair and sustainable financial outcomes post-divorce. It is also important to understand that settlement often requires compromise and remaining reasonable in negotiations and positions can help lead to more efficient, amicable, and cost-effective resolution.
Myth #7: Agreements Are Set in Stone
Reality: Circumstances may change post-divorce, necessitating modifications to custody and support agreements. Arizona law permits modifications to child-related and support provisions on the showing of a material and continuing change in circumstances. Other agreements may also be modifiable under specific circumstances, especially when the parties agree to the same, ensuring agreements remain flexible and responsive to evolving needs.
By dispelling these myths, individuals can approach divorce in Arizona with clarity and confidence. Consulting with a certified family law specialist ensures access to accurate information and personalized guidance, empowering individuals to navigate divorce proceedings with knowledge and understanding.
