Getting a divorce is an already difficult and stressful process. However, if you or your spouse are living with a disability, it can add additional challenges and complexities to the situation. In Arizona, there are specific laws and guidelines that need to be followed if you’re seeking a divorce with disabilities. This article will guide you through the process of getting a divorce in Arizona with disabilities, providing you with the necessary information and resources to navigate this situation successfully.
Understanding Disability Law in Arizona
Before embarking on the divorce process, it is crucial to have a clear understanding of disability law in Arizona. In the state, individuals with disabilities are protected by specific legal rights that guard against discrimination in various areas such as the workplace, housing, and public accommodations. These rights include the privilege to access reasonable accommodations, which may involve assistive technology or modifications to living spaces.
The Importance of Hiring a Divorce Lawyer
When it comes to navigating the divorce process, especially with disabilities, having a divorce lawyer who understands and acknowledges the unique needs of individuals with disabilities is essential. An experienced lawyer will not only offer guidance but will also provide advice on issues such as child custody, property division, alimony, and child support. Furthermore, they can work to ensure that your disability is not utilized against you during the divorce proceedings.
Dividing Property and Assets
Dividing property and assets during a divorce is often a complex and contentious issue. However, when one spouse has a disability, this process becomes even more intricate. In Arizona, assets used to provide support, such as Social Security or disability benefits, are not considered community property and are therefore not subject to division. It is important to note, though, that if a disabled spouse receives income from other sources, like rental properties or investment dividends, that income may be considered community property.
Addressing Custody Issues
When children are involved in a divorce, custody issues tend to become even more intricate. In Arizona, the court makes decisions based on the best interests of the child, taking into consideration factors such as the child’s relationship with each parent, the child’s wishes (if they’re of a certain age), and the mental and physical health of each parent.
If one parent has a disability, the court may consider how that disability will affect their ability to care for the child. It is crucial to note that the court cannot discriminate against a parent based on their disability and will typically focus on their ability to provide a safe and healthy home environment for the child.
Ensuring Access to Assistive Technology
If you or your spouse heavily relies on assistive technology to live independently, it is vital to ensure continued access to these tools after the divorce. This may involve working out an agreement to share costs or determining who will be responsible for maintaining or replacing the technology. By addressing this issue during the divorce process, you can guarantee that both parties have the necessary resources to lead fulfilling lives.
Seeking Support During the Divorce Process
Going through the divorce process, especially with a disability, can be emotionally and mentally draining. It is crucial to seek support from your family, friends, or even a therapist who can provide guidance and help you manage stress and cope with the challenges you may encounter.
In addition to personal support, there are organizations that specifically offer support and resources for individuals with disabilities undergoing a divorce. For example, the Arizona Center for Disability Law provides legal services and advocates for people with disabilities, while the Arizona Spinal Cord Injury Association offers support groups and other valuable resources for individuals with spinal cord injuries.
Conclusion
Although getting a divorce in Arizona with disabilities may present additional challenges, it is entirely possible to navigate the process successfully with the right support and guidance. By enlisting the help of a knowledgeable divorce lawyer, understanding disability laws in Arizona thoroughly, and seeking support from family, friends, or relevant organizations, you can protect your rights and work towards achieving the best possible outcome. Remember to prioritize self-care throughout the process, stay organized, and remain focused on your goals.