According to Arizona family law code § 25-501(A), both custodial and non-custodial parents are required to provide reasonable financial support to their children.
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Is Arizona a 50 50 state in a divorce?
Arizona is a 50/50 property law state when it comes to divorce. Community property division must be equitable, but seldom will shares be absolutely equal. In part, this is because the family law judge has considerable discretion over property awards.
How does adultery affect divorce in Arizona?
Another thing to keep in mind is that adultery can impact your divorce proceedings. If your spouse commits adultery and you file for divorce based on fault grounds, the court may award you more alimony or even property division than you would have received otherwise.
What is a wife entitled to in a divorce in Arizona?
Generally, it is the wife that files for divorce in Arizona so she will be entitled to half of all community property and earnings during the marriage unless she can prove otherwise. Our advice is not contesting a wife’s entitlement to more than 50%, but trying to settle out of court by negotiating with her attorney.
Is Arizona a alimony state?
Arizona is considered a rehabilitate state when it comes to alimony. This means that the purpose of spousal maintenance is to help your spouse get back on their feet and become self-sufficient.
Who pays for a divorce in AZ?
The Arizona divorce laws permit the Court to order one spouse to pay some or all of the other spouse’s attorney fees and costs. Although there are many different statutes that provide the court with this authority, the most cited statute is A.R.S. 24-324.
Who gets the house in an Az divorce?
If only one spouse wants to keep the house in a divorce in Arizona, the home will almost always be awarded to that spouse. However, there will likely be conditions on the award of the house to the spouse who wants to keep it after divorce.
How long do you have to be married in Arizona to get alimony?
How Long Do You Have to be Married for Spousal Maintenance? Arizona does not have a minimum amount of time that people have to be married to get spousal maintenance (alimony). However, the length of the marriage is one of the factors that judges take into account when making spousal maintenance decisions.
Can you sue your spouse for cheating in Arizona?
No. Cheating on your spouse is not illegal in Arizona. Arizona is a no-fault divorce state. That means your spouse’s bad behavior is generally irrelevant in your divorce unless he or she is spending money on hookers and drugs or there is an issue related to child custody.
Can you date while separated in Arizona?
Arizona is a no-fault divorce state, so no law prohibits you from dating during the divorce process. Ultimately, only you can make the decision about whether to date during the divorce process. If you know dating will set off your spouse, it’s probably in your best interest to wait until your divorce is finalized.
Who qualifies for alimony in Arizona?
A spouse may be eligible for spousal maintenance if they (1) were married for a long time and (2) are too old to be expected to work. Under this factor, both the length of the marriage and the age of the spouse seeking spousal maintenance must apply to be eligible for an award of spousal maintenance.
What can be used against you in a divorce?
Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.
Can a spouse kick you out of the house in Arizona?
So long as the home is considered community property, you cannot legally force your spouse out, even if you have started the divorce process. A spouse may only be forced to leave if or when the court gives an order to do this.
Is spousal maintenance mandatory in Arizona?
Arizona divorce courts have the power to require your spouse to pay alimony to you during or after the divorce (or both) if you establish eligibility. On the other hand, spouses who are capable of living on their own without financial support may not need alimony — known in Arizona as spousal maintenance.
How much alimony can a wife get in Arizona?
The formula provided the alimony award should be between 30% to 50% of the length of the marriage. There are many factors affecting whether the duration should be closer to 30% or 50% of the length of the marriage.
How long does a divorce take in Arizona?
Although you can get a divorce decree in as little as 60 days (in limited circumstances as per the waiting period in Arizona Revised Statute 25-329), the average time to finalize even an uncontested divorce in Arizona is between 90 and 120 days.
What is the average cost of a divorce in Arizona?
The average cost of a divorce in Arizona is about $20,000 with prices ranging from $5,000 to $100,000 in Arizona, according to multiple sources. However, your actual divorce costs depend on the type of divorce process you choose. A contested divorce, in court, will cost you an average of $75,000.
Does it matter who files for divorce first in Arizona?
If you are thinking about divorce, you may wonder, “Does it matter who files for divorce first in Arizona?” Legally, the answer is no. Whether you file first will not make any difference regarding any of the legal elements of your divorce.
What is considered abandonment in a marriage in Arizona?
“Ghosting” is a phenomenon that occurs when someone you know just suddenly vanishes or refuses to respond to your communications without a given reason. When it happens between a married couple, the action of the spouse, who “ghosted” you, is committing spousal abandonment in the State of Arizona.
Do I have to sell my house if I get divorced?
Do we have to sell the house if we’re divorcing? No, not necessarily. However, divorce and property rights can be complicated and so it will depend on your circumstances. Bear in mind also that it’s not just financial considerations that will determine whether you must sell the property.
Do I need a lawyer for a divorce in Arizona?
In Arizona, a large percentage of divorces proceed without either party hiring a lawyer. As Arizona is a no-fault divorce state, couples do not need a specific reason to file for divorce – it is sufficient that the parties do not get along – otherwise known as irretrievable differences.
How much alimony can a wife get?
The Supreme Court in one of its landmark judgments has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of the net salary of the husband might constitute a “just and proper” amount as alimony. This is suitable for monthly alimony paid by the husband to wife.
Who pays taxes on alimony in Arizona?
The spousal support is taxable income for the obligee spouse, the one who receives the money.
How can I avoid paying alimony?
Ending the marriage as soon as possible If you end your marriage within a short period after your matrimonial relationship, you may not be asked to pay alimony to your spouse. The length of the marriage is also considered a criterion for deciding the amount of alimony in many states.
Does the adulterer have to pay for the divorce?
Will I have to pay for the divorce and fees if I committed adultery? There is no difference to the administrative fees of getting divorced just because either party has committed adultery. The processing and court fees are the same whatever the reason for divorce.