What is considered community property in a divorce in Arizona?

Arizona is a community property state, which means that all property acquired by either spouse during the marriage is considered to be jointly owned. Upon a divorce, it will be divided approximately equally.

Who gets the house in a divorce in Arizona?

Arizona is a community property state In most cases, an Arizona court will divide the house equally, which may require selling the home and splitting the net profits. However, there may be circumstances in which selling the home is undesirable, either for economic reasons or due to one spouse’s needs or preferences.

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 AZ A 50/50 divorce state?

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.

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.

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.

Does infidelity affect divorce in Arizona?

If you want to file for divorce on the grounds of adultery in Arizona, you’re out of luck. Adultery is not grounds for divorce in the state.So what are the grounds for divorce in Arizona? The state recognizes two types of divorces: no-fault and fault-based.

What is not considered community property in Arizona?

What is not considered community property in Arizona? Property acquired prior to marriage or by gift or inheritance during a marriage is not community property in Arizona.

Is 401k community property in Arizona?

A 401k will be viewed as community property and will be divided in the divorce. The important thing to deal with regarding your 401k is determining the value of the plan, DURING the marriage. Because a 401k can be distributed at the time of the divorce, it is a present value that must be considered in the agreement.

How long do you have to be married in AZ 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.

Does Arizona require separation before divorce?

How long do you have to be separated before divorce in AZ? No, Arizona does not require spouses to separate before filing for divorce (dissolution of marriage). However, there is a waiting period of at least 60 days before the divorce can be finalized after filing and serving your spouse.

Is Arizona an alimony state?

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.

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.

How much does the average divorce cost 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.

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.

Can therapy be used against you in divorce?

Can counseling hurt you during a divorce? The answer is a resounding yes, if the divorce goes through the traditional process of court litigation. The answer is a resounding no, if the alternative—collaborative divorce—is chosen.

How do I protect myself financially in a divorce?

  1. Legally establish the separation/divorce.
  2. Get a copy of your credit report and monitor activity.
  3. Separate debt to financially protect your assets.
  4. Move half of joint bank balances to a separate account.
  5. Comb through your assets.
  6. Conduct a cash flow analysis.

How long does it take to get a divorce in the state of 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.

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.

How much alimony will I 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 much does a divorce attorney cost in AZ?

The average cost of divorce in Arizona is $20,000. Arizona divorce costs ranged from $15,000 to $100,000 per side when including expert witness fees in 2019. The cost of hiring a divorce lawyer in Arizona can cost as much as $550 per hour.

Can you date while going through a divorce in Arizona?

Dating is not prohibited during a divorce, but it’s important to discuss the matter with your Phoenix divorce lawyer because dating someone may affect your pending divorce in a number of ways. Dating during your divorce, for example, could be perceived as “revenge” or as “getting back” at your spouse.

What is the penalty for adultery in Arizona?

What is the punishment for adultery in Arizona? Married or unmarried, a person who commits adultery as defined above, is guilty of a class 3 misdemeanor in Arizona, the least severe criminal classification. A class 3 misdemeanor is punishable by up to 30 days in jail, or one year of probation and $500 in fines.

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.

Does a will override community property in Arizona?

Under community property law, spouses already equally own everything acquired during marriage. Therefore, your spouse can only bequeath half your community property, either through the conveyance of a will or — if he dies without a will — through the Arizona laws of intestate succession.

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