As Phoenix divorce attorneys, we are often asked whether it’s better to be the one to file for divorce or the one to be served. From a legal standpoint, there is no implication or consequence of being the first to file for divorce.

It does not show to the courts that you are the aggressor or the one who decided to bail on the marriage. Sometimes, a spouse becomes the filer simply because he or she can better afford the filing fees, whether he or she wanted it or not.

However, there are definitely advantages and disadvantages from a logistical perspective, and we are going to cover those more specifically in this article.

If you are going through the process of considering an Arizona divorce, it is advantageous to retain the legal counsel of an experienced Phoenix divorce attorney at DeShon Laraye Pullen, PLC. We can help you navigating the complexities of filing and serving your petition as well as helping you through it all over the long-run time horizon. Contact our office for an initial case view by calling (602) 252-1968.

Be Aware that Every Case Is Unique

While the information presented below is purely informational in nature, it can help you weigh the advantages and disadvantages of being the first party to file for divorce. Keep in mind that only the direct application of the law by a licensed Arizona attorney is the best way to determine your options.

Pros and Cons of Filing for Divorce First in Arizona

The advantages of filing for divorce first are marginal from a general standpoint. However, benefits do exist for specific situations. For starters, you aren’t ‘caught off guard’ by being on the receiving end of divorce papers.

Advantages of filing for divorce first include:

  • Establishing the administrative expectation of the case including court dates and choice of venue
  • The ability to plan for the divorce beforehand by carefully considering your options and possibly speaking with an Arizona family law attorney
  • A sense of relief since the plug has been pulled on the marriage and you were the one to initiate it
  • Deciding when the date of marital asset acquisition periods end by filing
  • Being the first to speak in court since you are the named petitioner and your spouse is the respondent

On the other hand, a few simple disadvantages exist when it comes to being the first filer. However, to truly gauge the effects, it really depends on your unique situation and the nature of your relationship with your ex.

Disadvantages of filing for divorce include:

  • Suddenly alerting your ex to the assets and custody arrangement of which your eyes are set
  • Paying higher filing fees and court costs since they are generally offered by the petitioning spouse
  • Making it difficult to go back on your word if you later change your position on the matter of divorce

Again, the court does not treat the spouse who filed for divorce any differently. The circumstances surrounding the filing may come into question, but courts can not legally hold your right to terminate a marriage contract against you.

Your only requirement is to devise a strategy that protects your remaining assets, any shared children, and complies with Arizona law.

Hire a Phoenix Divorce Lawyer to Help you File in Arizona

As you can see, there are many thoughts and considerations when it comes to answering the question of who should file for divorce first in Arizona.

The best way to ensure that your interests and family stay protected is by hiring the experienced legal counsel of a licensed Arizona family law attorney. He or she can help you through the initial filing process while managing your case until the decree is finalized.

Consider Working with DeShon Laraye Pullen PLC

At Deshon Laraye Pullen PLC, we know how painful the divorce process is. But we also know that you need a strong advocate to pull you through the process and become stronger over the long-run. Plus, we’ll ensure that we handle your divorce following your values and your family’s best interest.

You can schedule an initial consultation with a Phoenix divorce lawyer team member today by calling (602) 252-1968 or by sending us a message regarding the details of your divorce through our online contact form.

Even the most cordial of exes can experience stress during a divorce. There are particular connotations that come along with the word, including time, money, and custody issues. While you can’t ever really ‘prepare’ for divorce before it happens, there are a few actions that you can take to ensure that your interests are protected.

If you are facing a divorce, you may want to retain the legal counsel of an experienced Phoenix divorce lawyer at DeShon Laraye Pullen, PLC. Our legal care team can assist you in navigating the complexities of the divorce process as well as help you avoid detrimental mistakes. Contact us for your initial consultation by calling (602) 252-1968 or sending us a message via our online form.

As you continue your search for information and weigh your options, here are our top tips when it comes to avoiding common mistakes that people make during divorce. While the article below is purely informational, you should always direct your specific questions to a licensed Arizona attorney.

Mistake # 1: You Waited Too Long to File for Divorce

Ending a marriage is not a decision that one should make lightly. However, if we are being real, there is a point-of-no-return that every couple hits when they know it’s over. Unfortunately, things are comfortable, and if kids are involved, most people don’t want to rock the boat of a ‘well-adjusted life.’

The truth is that suffering through marriage is not a well-adjusted way of life. Resentments build, debts mount, and assets grow. The longer that couples delay the inevitable, the more complicated the divorce proceedings can become.

Mistake # 2. You Discussed Your Divorce via Social Media

We preach total abstinence from social media during divorce proceedings in Arizona. However, that isn’t doable or advisable for everyone. So, if you must remain ‘social’ while going through a divorce, the least you should do is never mention the details of your case online.

No good can come of bad-mouthing your ex or showing off the excessive amounts of money you are spending.

Before hitting the ‘post’ or ‘send’ button, think about how your words could come back to haunt you. These days, people who say they are your friends may not actually mean it. And they might even prove this assertion by screenshotting and sharing something you thought was utterly private.

Your written words are admissible as evidence. Resist the urge to put your opinions in writing, please.

Mistake # 3: You Tried to Conceal Shared Marital Assets

Arizona statutes require both spouses to disclose their marital and non-marital assets in their entirety. Some parties get a little too smart and attempt to transfer ownership of property and investments to avoid their disclosure in court.

This is a mythical loophole that does not work. You can be confident your soon-to-be-ex will mention your expensive car or large bank account you didn’t include in your financial disclosure forms. Leave your assets in your name and add them to your list instead of trying to cover them up.

Mistake # 4: You Forgot to Make Changes to Your Estate Planning Documents

A divorce doesn’t necessarily negate the language in place on your estate plan. An estate plan typically includes your last will and testament, health and financial directives, powers of attorney, and living trust. These are pretty sensitive documents that impact the future financial wealth of you and your family.

Plus, you should update these items so that your ex isn’t in charge of determining whether or not you should remain on life support.

Mistake # 5: You Didn’t Discuss Your Options with a Phoenix Divorce Lawyer

There are several missteps and pitfalls that one can take during a divorce. The consequences of which can affect several aspects regarding the outcome of your case. Whether you are a more economically stable spouse or not, there is more at stake than money and property. Divorcing couples must mitigate the stress of the process using a level head and retaining their own right to counsel.

Hiring a divorce attorney during an Arizona divorce case does not have to be a contentious thing. It’s a civil right afforded to both parties. When each party retains his or her separate counsel, there is a certain level of comfort in knowing that both of your rights are being protected.

There are checks and balances at this point. In short, you are hiring certainty that you, your ex, and the entire legal system is managing your case from a big-picture perspective.

Consider Hiring a Phoenix Divorce Lawyer at DeShon Laraye Pullen, PLC

You do not have to face the Arizona divorce process alone. Hire a Phoenix divorce lawyer that is going to provide you with due care that best represents your needs. You can reach the DeShon Laraye Pullen, PLC, office to arrange for an initial consultation by calling (602) 252-1968 or sending us a message via our contact form.

Has the Tax Cuts and Job Acts taken the incentive away for divorcees to pay alimony?

Significant elements included in the legislation include a reduction in tax rates for both individuals and businesses. The bill also increased the standard deduction and family tax credits.

However, what the government gives, it also takes away. Specifically eliminated are the personal exemptions that reduced the benefits that come with itemizing deductions. For couples considering or pursuing divorce, they will feel a significant financial impact.

Signed into law at the end of 2018, the act replaces a previous statute where higher-earning spouses could deduct spousal support payments on tax filings. Conversely, the recipient had to claim it as a part of their taxable gross income.

Simply put, for divorces finalized in 2019 and beyond, alimony will no longer be deductible.

With the clock ticking, spouses are feeling the pressure to sign off on alimony agreements prior to enactment of the new law.

Payers no longer see any benefits to paying spousal support. Additionally, the common practice if splitting financial support payments between spouses and children will likely change. Essentially, it shifts the majority of money away from alimony with more going to child support to secure the tax credit.

Many see the new law as opening a floodgate of pressure for new and existing marital dissolutions to be finalized while financial benefits still exist.

Life begins at 50. The fifties are the new forties. All are common sayings reaffirming that age is but a number. Life-changing decisions remain an option as fifty-somethings stand at the gateway of their “golden years.”

“Til death do you part,” is also a well-known, if not growingly antiquated phrase. Longtime statistics have revealed the vow to be more of an unfulfilled promise uttered during a marriage ceremony. A significant percentage wind up permanently parting from their spouse.

While the seventies and eighties saw a surge in marital dissolutions, the past two decades saw a drop in divorces. However, one category continues to grow. The rate of couples 50 and older ending their marriages have doubled since the nineties.

Adverse childhood experiences (ACEs) can take many forms. Traumatic events for children from birth to age 17 can range from economic hardships to the deaths of their parents.

For far too many children, the ACE that created toxic levels of stress resulted from the divorce of their mothers and fathers.

Higher ACE scores are linked to children suffering from alcohol and drug abuse, obesity and overall poor physical health, depression and suicide. Some equate the effects of divorce or other horrific incidents to children suffering physical injuries or chronic illnesses.

The cost of dissolving a marriage in Arizona is about to go up to save the dissolution of a troubled state pension plan.

Last week, the House Banking and Insurance Committee voted to raise all court fees in a 7-1 vote. Fees to file for divorce will jump anywhere from $2 to $18, depending on the specific services soon-to-be ex-spouses required.

The “financial peril” of the state’s public-safety pension for politicians and judges is well documented with many calling it the worst performing n the United States. Higher court fees for marital dissolutions would help fund the woefully underfunded system that provides generous retirement packages in spite of being plagued with bad investments.

Ending a marriage is a monumental decision with significant fallout. In addition to the emotionally charged issues inherent in the martial dissolution process, money-related stress is top of mind for most couples when one household becomes two.

Simply stated, divorce carries a significant price, both personally and financially.

Little can spare soon to be exes the trauma of splitting assets following a breakup. However, proactive steps can provide a certain peace of mind in stabilizing a potentially shaky financial future.

When Brad Pitt and Angelina Jolie announced their split in September of 2016, their fans were shocked and stunned. Stories began to emerge of their discord that led to a divorce filing. Devotees prepared themselves for the end, going through various stages of grief.Brangelina was dead.Not so fast.

While some are saying that they remain deep in divorce talks, others are claiming that the divorce is off after not moving it forward for several months.

In the span of ten days, Anthony Scaramucci got a new job, immediately found himself in trouble while doing his job, and subsequently losing his job. While he was compacting in a short time what most people take an entire career to “achieve,” a personal distraction for a man who became quickly known as a distraction himself became public.

In what was already a news-filled Friday for the White House “leakers” worst enemy, a different type of leak revealed that Scaramucci’s wife was ending their marriage.

One of the most famous of “celebrity divorces” actually changed the destiny of not only a famous couple, but also a royal lineage and an entire nation. The fairy tale wedding between Prince Charles and Princess Diana ended in anything but storybook fashion amidst allegations of infidelity by both husband and wife.

As the countdown to the 20th anniversary of Diana’s death in a car accident grows closer to August 31, the spotlight is returning to her and her now grown children. The commemoration will also revisit the circumstances surrounding the high-profile royal divorce finalized one year before the infamous car accident.

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