Divorce can be painful and disappointing for both adults and children, but finding an attorney and counseling early in the process will often minimize stress and any damaging backlash from the divorce, emphasizes Phoenix family lawyer, Doug Daly.
Phoenix, Arizona (Vocus/PRWEB) April 19, 2011
It can be difficult to determine what the next course of action is once a person has made the decision to file for divorce in Arizona. It is imperative for a person going through divorce to manage their own affairs and also help their children learn how to deal with the divorce. Arizona divorce lawyer, Doug Daly, comments on three precautionary measures to take before filing for divorce.
One of the most important initial steps before filing for divorce is to consult with a divorce attorney.
“All too often people wait to meet with an attorney until after they have left the home or told their spouse they are filing for divorce. This may affect their ability to access important financial documents or assets they have. Talking to an attorney first can help people avoid taking actions that could possibly affect the outcome of their divorce,” advises Phoenix family law attorney, Doug Daly.
The second most important protective measure a person can take before filing for divorce is to become familiar with their financial situation. This can be done by gathering up and making copies of all bills, titles and financial statements, and taking precautions to protect individual credit.
“In many relationships one person will be in charge of the finances, and the other person does not have an accurate portrayal of the couple’s monetary situation. Upon divorce, the party who is not fully aware of the couples assets and debts can end up in bad financial condition because they were unable to properly negotiate an appropriate financial settlement,” states the Phoenix divorce attorney.
To protect an individual credit rating, one should freeze or close joint credit cards, and take away their spouse’s ability to access separate accounts or credit cards. They should also close joint bank accounts in order to prevent their spouse from removing or spending funds. Finally, one should remove the name of the party that is not responsible for paying household bills from the account.
Another way to prepare for a divorce is to make a record of all property acquired during the marriage and all separate property. A person preparing to file for divorce will want to inventory all of the marital property to make sure nothing they want is liquidated during the divorce process and to ensure they will be able to keep everything that is their rightful separate property.
Under Arizona law, separate property is defined as property owned before the marriage, property acquired after a spouse formally files for divorce or legal separation, or any property acquired by gift, devised in a will, or given through inheritance. Community property, or marital property, is any property or asset acquired during the marriage.
With experience as a Phoenix marital property division attorney, Doug Daly suggests, “It’s important to have an understanding of all marital property possessed by the couple in order to prevent your spouse from using, hiding or transferring these assets. Marital property can include anything acquired during the marriage, including bank accounts, other financial accounts, real property and personal property.”
In addition to preparing one's self to file for divorce, it is important to take precautions around children to reduce any negative reaction they may have, and to make sure they handle the impending changes in the most positive way.
When a couple makes the decision to tell their children about the divorce, it is best for both parents to be present at the conversation. It’s essential for the parents to reassure their children that it’s not their fault, and emphasize what is happening is between the parents. Parents should also tailor the conversation to their child’s age, demeanor and maturity.
Children will often question what changes will be made, and how these changes will affect them. Parents should be honest and truthful with the children, but not overexpose the children. They should also make every effort to be amicable with each other, and keep all heated arguments and legal matters away from the children.
According to Doug Daly, an experienced Phoenix child custody attorney, “In most situations, it’s usually in the best interest of the children for the parents to work together on a parenting plan and child custody issues, in addition to minimizing disruptions to the children’s routine.”
It is also crucial for parents to refrain from blaming and speaking negatively about each other around the children. Finally, divorcing couples will both want to encourage their children to express their feelings or talk to someone they feel comfortable with.
Phoenix family lawyer, Doug Daly emphasizes, “Divorce can be painful and disappointing for both adults and children, but finding an attorney and counseling early in the process will often minimize stress and any damaging backlash from the divorce.”
Doug Daly, of the Daly Law Firm, represents clients in all family law matters, including divorce, child custody issues and marital property division, throughout the greater Phoenix and Scottsdale areas of Arizona.