7 Common Mistakes Made in Rushed Divorce Cases

Divorce is never easy, but rushing through the process can make it even harder—and more expensive. Community property rules and specific family law statutes apply in Arizona, meaning hasty decisions can have long-term consequences. Slow down, gather the right information, and make thoughtful choices to protect your finances and your future.

1. Filing for Divorce Without Considering the Tax Consequences

Your marital status on December 31 determines whether you file jointly or separately for the year, so you might benefit from waiting until January, depending on your situation. You should also consult a tax professional about how dividing retirement accounts, selling the family home, or splitting investment gains could affect your tax bill.

2. Cashing Out Your 401(k)

One of the most common divorce mistakes is draining a retirement account to cover short-term expenses. In Arizona, 401(k) accounts are typically considered community property if contributions were made during the marriage. To avoid triggering penalties and taxes, consider dividing retirement assets through a qualified domestic relations order (QDRO).

3. Missing Opportunities to Clear Community Property Debt

In a rushed divorce, couples often focus on dividing assets but overlook debts. Arizona’s community property laws mean both spouses may remain responsible for debts acquired during the marriage. Negotiating with creditors or paying off joint debts before the divorce is finalized is the best way to avoid future credit damage.

4. Hiding Money and Assets from Your Spouse

Some people believe they can gain an advantage by concealing money or property from their spouse, but this tactic can have severe consequences. Arizona judges can impose financial penalties, adjust the property division, and even award a larger share to the other spouse if they uncover deception.

5. Leaving the Marital Home

Moving out in the middle of a heated divorce may seem like the easiest option, but it may affect the parenting time you’re awarded and create unnecessary expenses. While legal decision-making authority is based on the best interests of the children, not who stays in the home, leaving without a plan complicates matters. It’s best to consult a lawyer before packing up and moving out.

6. Being Dishonest with Your Divorce Attorney

Your attorney can only protect you with the information you provide. If you withhold facts about your finances, relationships, or past agreements, you limit your legal options and weaken your case. Honesty ensures your attorney can craft strategies that protect your rights and reputation.

7. Signing an Agreement without Legal Counsel

When emotions run high, it’s tempting to sign a quick settlement just to get the divorce over with. But once a divorce agreement is filed with the court, it’s very difficult—sometimes impossible—to change it. Having an attorney review the proposed agreement first ensures the terms are fair and enforceable.

Contact Hector A. Montoya’s Law Office

With over 30 years of family law experience in Tucson and Pima County, Hector A. Montoya offers deep legal knowledge and practical financial insight. His business background equips him to address high-asset divorces and complex property issues with confidence. Our family law office provides direct, one-on-one communication so you always know where your case stands. Schedule a consultation today for help avoiding costly divorce mistakes.