Divorce in Arizona : Property Distribution. Whatever the property and wherever located, the family law judge determines who should get what and enters final orders. The amount of time that takes to get a dissolution or divorce can vary from case to case. The exception would be a gift that was an inheritance. This is about property division in divorce in Arizona, including the general rule for Arizona property division, what effect the length of marriage and conduct of the parties has on property division after divorce in Arizona, how separate property works in Arizona, and treatment of the marital home and retirement plans in divorce in Arizona. This property will be divided equally (50-50) by the … Divorce in Arizona basically honors “community property” standards. Before the divorce is even finalized, either spouse can ask the court to order "temporary" alimony, which will only last while the divorce is pending. In Arizona, the legal name for a divorce is Dissolution of Marriage. For post-divorce alimony, the judge will order an amount and duration that's fair and reasonable under the circumstances. This is an essential step in dissolution proceedings because community property cannot exist outside a valid marriage. Community property is all property that was acquired during the marriage. However, certain categories of property are considered each spouse’s separate property and exempted from this rule, including inheritances, gifts, and property acquired after the divorce process has begun. While laws used to require proof that one of the spouses was at fault, all states now allow "no fault" divorce. Arizona Divorce and Property Settlement Agreements. In case of divorce or annulment, the judge often determines equitable distribution of community property. Arizona's "no-fault" divorce laws include residency for at least 90 days prior to filing for divorce. The law says that personal and real property owned by a spouse prior to the marriage is the separate property of that spouse. State laws require that you wait 60 days from the date of service before you can proceed with a divorce. Community property in AZ would include any property that was obtained during the time of the marriage. The statutes also define what is considered separate property in Arizona. Mediators at The Aurit Center for Divorce Mediation are happy to explain the Arizona divorce process, answer questions regarding Arizona community property law, and explain the various options available to divorcing spouses in Arizona. In Arizona, there are different types of alimony. In every Arizona divorce, all marital property must be divided between the spouses. The Aurit Center offers the following community property information to help you make informed decisions.. Arizona law makes all property you or your spouse acquire during marriage community property. Property subject to division upon divorce includes real estate, bank account funds, personal property and retirement accounts such as a 401(k). Arizona Divorce laws state that community assets must be divided equally. Arizona is a "Community Property" state. Because Arizona is a community property state, family law courts generally distribute marital assets equally among spouses upon divorce. This simply means that all assets acquired during the marriage are split between the parties no matter what wishes both parties may have. Arizona’s Divorce Laws. The table below outlines some of the most important provisions of Arizona law as it pertains to divorce. Arizona law states that a “spouse’s real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse.”
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