Arizona Family Law Blog

When people in Arizona decide to divorce, there are a number of factors that can lead up to that decision. Research has found some common factors motivate people to decide to end their marriages. In general, most people get divorced because of a lack of emotional fulfillment and associated circumstances, according to one study of 2,371 recently divorced people. In 44% of the cases, the respondents initiated divorce proceedings themselves while 40% said the divorce was initiated by a spouse. For the remaining 16%, the divorce was a mutual decision.

Many people divorce without a great deal of conflict, which can be positive in helping people move forward. It can be also important if children are involved although the higher stakes in those cases can also be accompanied by an escalation of tensions. Approximately 40% of the participants said their divorces were amicable while 29% said that they had a lot of conflict during the end of their marriage. The most frequently cited reason for divorce was a lack of love or intimacy with 47% of survey participants saying that the feelings were gone from their relationships.

Prenuptial agreements have become increasingly popular in recent years for a number of reasons, and they can be especially beneficial to small business owners in states with community property laws. In states like Arizona, marital property must be divided equally in a divorce even if the marriage involved was a short one. By drafting a prenuptial agreement, couples can decide for themselves how their property will be distributed should they choose to end their marriage.

Prenuptial agreements can include language that puts a value on a business prior to a marriage. This figure would then be considered separate property and not subject to division during divorce negotiations. These documents could also describe how the business will be run and how any profits will be distributed or used. However, prenuptial agreements that are harsh or unfair may be difficult to enforce. Judges could rule that a spouse who stayed home to raise children contributed to a business by freeing the other spouse of these responsibilities and allowing them to concentrate on commercial matters.

As some Arizona couples have discovered, remarriage often leads to concerns over finances. About 40% of recent marriages involve a spouse who has been married before. For older adults, the number is higher since two-thirds of Americans ages 55 to 64 have been previously married. Regardless of age, a previously married spouse can bring a lot of financial assets and baggage.

The main issue with finances and subsequent marriages is how to deal with each partner's assets, particularly when they have children they might want to provide for. While a previously married spouse might care very much for their new partner and wish to take care of them as well, their loyalties could be split. To deal with this, analysts recommend couples sign prenuptial agreements that clearly outline what they want to do with their money, what assets they might want to keep separate and even how they want their assets divided after they die.

August is one of the peak months for Arizona residents and others to get divorced. This was one of the main takeaways from a study conducted by researchers from the University of Washington. March, September and January are also months when divorce rates tend to increase. Those who think that their marriages are on shaky ground may want to start preparing for a divorce as soon as possible.

Ideally, an individual will take stock of assets such as the value of a bank or brokerage account. It can also be a good idea to start thinking about who would be part of the divorce team that provides support and advice during the process. Speaking with a lawyer may be a good idea even if an individual isn't ready to end a marriage just yet.