In Arizona and family courts around the world, it is becoming increasingly evident that decisions made during the divorce process are more likely to succeed when couples work through the process together. Negotiations and agreements settled outside a courtroom often have more relevance to the couple’s unique situation, and spouses are more likely to abide by them if they had a hand in preparing them.
If you and your spouse are planning to divorce, you may have special concerns about the division of property. Arizona divides community property equally, but you and your spouse may have definite ideas about how you want to split what is yours. Courts encourage couples to take this step before coming to court, and you may benefit from some suggestions for achieving success in your negotiations.
Honesty and cooperation
One important factor in property division during a divorce is trust. This is not the time to hide assets or be untruthful about what you own. In fact, spouses who attempt to hide assets find that the court enacts harsh penalties when the assets are discovered. This may include paying your spouse’s legal expenses, relinquishing the assets you tried to hide and sacrificing your credibility in front of the judge. Setting the stage for honest negotiations will go a long way throughout the process.
You and your spouse can agree to see the big picture instead of squabbling over small items. Digging in over minor details may lead to a breakdown in negotiations. This could result in your settlement going to court for a judge to decide. Having a spirit of cooperation with your spouse may allow you to obtain the sentimental items you want and to walk away with a satisfactory settlement that will provide a secure financial future.
Know what to expect
You may find it helpful to seek the guidance of an experienced mediator who can help you and your spouse get through any tough stalemates and improve the chances of a positive resolution. The time and money spent with a mediator often yields more mutually acceptable results than handing everything over to the courts to decide.
The laws for divorce and asset division in Arizona are different from many other states. You may find it helpful to have at least a general understanding of how the courts in this state view marital assets and the division of property before you begin negotiating with your spouse. An experienced family law attorney will be able to answer your questions and guide you through the process.