Arizona Divorce Property Settlement Agreement
One of the hardest parts about getting divorced is dividing your marital assets. But this is nowhere as hard as getting your spouse to agree on a child custody arrangement. The good news is that you don’t have to decide all of these things at once. Your Arizona divorce lawyer is going to negotiate a property settlement agreement with your spouse’s attorney.
A property settlement agreement is a document that outlines all of the terms of your divorce. Most divorce cases settle at some point. It is rare for a divorce case to go to trial. Nobody wants to go to trial. They’re expensive and time consuming. The judge is also going to encourage you to settle. In fact, before you can even schedule a trial date, the court is going to make sure you’ve made every effort to settle the matter out of court.
If you can agree on most of the terms of the divorce with your soon to be ex, the hard work is done. Your Arizona divorce lawyer is going to draft something called a property settlement agreement. Once this agreement is signed, you should be able to schedule your final divorce hearing.
Why Do You Need a Property Settlement Agreement?
In order to get divorced, you need a comprehensive document that outlines the terms of your settlement. Most property settlement agreements are very similar. They highlight the important issues that most couples disagree with when it comes time to finalize the divorce. This agreement can be referred to down the road and used to enforce the terms of your divorce. For example, if the property settlement agreement states that you’re to receive $400 per month in alimony and your ex won’t pay it, you can use it as evidence. Your Arizona divorce attorney can file a motion with the court to force your ex to pay his obligations.
This agreement is going to be included as part of your final divorce package. A copy will be filed with the court. Once both parties sign the agreement, it will become enforceable. The judge will make sure nobody forced you to sign it. After that, it will become a legal and binding document.
What Terms are Included in Your Property Settlement Agreement?
Your property settlement agreement is going to include the basic terms of your divorce. Some of the more common things that are included in this agreement include the following:
- Health insurance
- Child support
- Child custody
- Division of personal property
- How the marital home will be divided
- Division of pension, retirement accounts and checking accounts
- College funds for your children
Nobody is ever going to get their ex or their attorney to agree to everything they want. For example, you may get the alimony you’re asking for, but you may have to agree to give your spouse your timeshare. There are always tradeoffs. Your divorce attorney in Arizona will make sure your agreement is fair. They won’t force you to sign one just to get your case settled.
Talk to an Experienced Divorce Attorney in Arizona Right Away
If you’re thinking about filing for divorce, you should talk to an experienced Arizona divorce lawyer right away. This is not something to be taken lightly. Your attorney can work hard to negotiate a property settlement agreement with your spouse’s lawyer. They’ll also be by your side every step of the divorce. Call today and schedule your initial consultation. There’s too much on the line to try to handle this yourself.