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Arizona divorce: Think you know everything there is to know?

While it is always better to try and save your marriage before it ends, not everyone is able to accomplish that. There are a variety of reasons that some Arizona couples will choose to end their marriage in divorce. Nonetheless, for anyone that is considering divorce, they would do well to know a few of the most common fallacies about the practice.

Fathers should be aware that mothers do not always have the upper hand in court. While courts used to prefer to leave children in the custody of their mother, in recent years fathers have earned a great deal of respect from courts. However, if seeking sole custody, facts will need to be presented to show that this arrangement is in the best interest of the child; otherwise, courts typically prefer joint custody arrangements.

Some studies say that co-habitation before getting married increases a couple's risk of divorce while others say the opposite. The truth simply boils down to why you moved in together in the first place. If the move was out of love and not the result of financial pressures or other circumstances, an increased risk of getting divorced is not usually the result.

Marital assets are not always split right down the middle. The courts will decide what is fair and equitable, which isn't always 50/50. The way in which marital assets are divided can vary depending on the state in which you live.

A no-fault divorce isn't necessarily always quicker, easier and cheaper. Just because you are filing a no-fault divorce doesn't mean that you won't fight with one another on assets, child custody and support, alimony, etc. Furthermore, just because one spouse cheated doesn't mean they'll 'pay' for it in court. The court will simply decide what is fair in terms of asset division and will consider the child's best interest in child custody arrangements.

Fault or no-fault, it isn't recommended to go after a divorce settlement alone. There are a number of problems that could arise, which could be difficult to handle without comprehensive knowledge of the divorce laws in your particular state. Arizona residents would do well to understand the state's rules and procedures in order to ensure their individual rights are protected as they seek a fair divorce settlement.

Source: About.com, "5 Common Misconceptions About Divorce," Cathy Meyer, July 30, 2012

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