Centuori & Associates, PC

Tucson Family Law Blog

Signs you may be headed for a highly contentious divorce

When you first got married, you may have thought you knew your spouse, but over time, things changed. The fact is that people can only hide their true selves for so long before their real personality emerges. It may have been at that point that you realized your marriage would probably not last.

You may have done what you could to see if you could repair the relationship and get back the person you thought you married, but it didn't happen. Now, you face the divorce process, and you may wonder just how contentious it could get.

Fair division of debt is crucial in divorce

Throughout your marriage, you probably lost count of the amount of money you and your spouse spent together. Perhaps you purchased a home and maybe a place to spend the summers. You likely bought furniture, appliances, clothing and vehicles, and you may have even splurged on fine art or antiques. Undoubtedly, you spent a great deal of money on your children.

Now that you are approaching divorce, you may be dreading the process of valuing and dividing these assets as equitably as possible. While you may feel strongly about certain assets that you want or don't want from the divorce, you would do well to remember that the court will also divide your debts in a similar manner.

Your options for the family business in a divorce

When you started your business, you and your spouse figured you would keep it going for years to come. When the two of you were ready to retire, you could pass it on to one or more of your children. Maybe they will even keep it going until they are ready to pass it on to your grandchildren.

At that time, you had no reason to believe this dream wouldn't come to fruition. However, you then began having troubles in your marriage. Your marital relationship with your spouse finally degraded to the point where divorce was the best option for everyone to have a happy future. Now, you have to decide what to do with your business since your prior dream may no longer be viable.

Could your living arrangements affect child custody?

You may have contemplated not filing for divorce because you did not want to disrupt your children's lives. As a parent, you think of their needs first, and you do not want to do anything that will bring them any type of pain or upset. Of course, if you and their other parent no longer get along, it may be best for everyone for you to go your separate ways.

You may have been the one to move out of the marital home while the divorce is pending. Because you needed a place on short notice, you may not have been too picky about your living arrangements. After all, you plan for them to be only temporary. However, you may want to keep in mind that your living accommodations could have an effect on child custody.

Can you make parallel parenting work for your Arizona family?

Divorce is often hardest for the youngest members of the family. Children can go through a difficult time when their parents separate or divorce, and you may be looking for ways that you can reduce the negative impact that this process will have. One of the ways you may look to do this is choosing a parenting arrangement that allows your children to have regular access to both parents.

One way that you may be able to accomplish this is by opting for a parallel parenting plan. There is no one-size-fits-all solution to parenting plans after divorce, and you will want to find a way that suits the best needs of your children above all else. It will also be useful to consider what will work best for your family long-term. A sustainable plan offers everyone security and stability for years to come.

Do grandparents ever have the right to custody or visitation?

When parents go through a divorce, it is not just the parents and the children who experience changes because of this decision. The impacts of this decision can reverberate throughout an entire extended family, also affecting the relationship a kid has with his or her grandparents. This may leave some grandparents wondering if they have grounds to pursue custody or visitation. 

In some specific circumstances, grandparents may be able to seek visitation with their grandkids. In other cases, it may be appropriate for this extended family member to seek custody. If you are a grandparent and are wondering if Arizona laws provide you with the opportunity to preserve the relationship you have with your kids, you may want to seek experienced guidance to help you navigate this complex situation.

How to approach the topic of divorce with your kids

Having children is often the highlight of many Arizona residents' lives. Though you and most other parents would avoid having anything hurt your child in any way, you know that some upsets are unavoidable. For instance, you and the other parent have decided to end your marriage, and you know that your children may feel distraught over this turn of events.

Of course, you and the other parent can do your best to help your children through the process from the beginning. You may want to start by finding the best way to tell your kids that a divorce is going to happen.

Ways you can make co-parenting with a difficult ex-spouse work

While you cannot control how other people react to things or what they do, you can take steps that will ensure you are not contributing to conflict. This may be an important thing for you to remember, especially if you will be co-parenting with a difficult former spouse. You may not be the source of the issues, but you can do things that will diffuse tension. 

Co-parenting with a toxic former spouse is difficult, and it can take a toll on your kids as well. This is why it can be helpful for you to find ways to reduce conflict and build mutual respect in any way possible. The finalization of your divorce will not magically end the difficult interpersonal issues between you and your former husband or wife, but it is for the best interests of the children that the both of you find ways to work together peacefully.

Is your ex planning to relocate with the kids?

As difficult as it may have been to go through a breakup and subsequent custody dispute, you may have had hopes that you and your ex would eventually fall into a parenting routine that would become a natural part of your lives. Perhaps you even had a year or more of relatively conflict-free custody arrangements, and you felt you and your ex were making the best of an imperfect situation.

If you have recently learned that your ex intends to move with the children more than 100 miles from where you live or even out of Arizona altogether, you may be feeling many emotions. Your first order of business may be to review your custody agreement to see if it grants your ex the right to relocate with the children without your consent. If it does not, you would be wise to seek sound legal advice about your options.

Is it possible to file an uncontested divorce in Arizona?

When ready to end your marriage, wanting to get out of it quickly, with little drama and fair settlement terms, is understandable. Not everyone can do that, though, and that's okay. There are various pathways to divorce; you just have to decide what works best for your situation.

If you have an interest in skipping court, mediation or a long negotiations process and going straight to your divorce filing, an uncontested divorce may be for you. Under the right circumstances, yes, you can file this type of marital dissolution in Arizona. An uncontested divorce involves both parties being willing to come to settlement terms without going to court, or one party requesting the dissolution and the other party refusing to take part in the divorce proceedings.

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Centuori & Associates PC

2810 North Swan Road, Suite #160
Tucson, AZ 85712

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