The end of a marriage is not an easy event to get through. Not only do you have to go through divorce proceedings, but you will have to determine the division of property. Arizona, as a community property state, has made property division easier during divorce, but disputes are often inevitable and can arise during the course of divorce proceedings. Neither spouse will want to voluntarily relinquish possession of property they feel is solely their own. If you are in the process of going through a divorce and have questions regarding property division, contact an experienced family law attorney today.
The dissolution of a marriage begins in Arizona with a Petition of Dissolution, along with a Preliminary Injunction. The Preliminary Injunction protects the community property acquired during the marriage and will prevent one spouse from selling or giving away this property prior to the division of property.
In order to complete a divorce proceeding in Arizona, one of the two spouses must have lived in Arizona for at least 90 days prior to the filing of the Petition. After filing the Petition and serving it on the other spouse, there is a 60 day waiting period before a divorce can be finalized.
Arizona is a community property state, which means that any property acquired during the marriage will be part of the divorce proceedings. A person’s property acquired prior to the marriage will remain with the owner of the property, and is known as separate property. Various other items will be considered separate property as well, even if they were acquired during the marriage, such as gifts or inheritance. However, all property and even debt acquired during the marriage will be considered community property. While not every state is a “community property” state, all property acquired during a marriage which will be dissolved in Arizona is subject to Arizona’s community property laws.
Community property further includes the following:
A court will not look at the fault of a divorce or the fact that only one spouse held a job during the marriage, but will simply divide up the joint property acquired through the marriage. The court will take into consideration the duration of the marriage, the amount of property, and the education level and ability to secure a job of both parties. Property such as real estate or other items that cannot be easily divided will often be subject to an appraiser’s valuation. One spouse may keep the piece of property and pay the other spouse the relative equal share of the property’s value. If is important to work with an attorney during the valuation process to ensure that your property rights remain protected.
If you are in the process of going through a divorce and have questions regarding property division, do not hesitate to contact the attorneys of the Viles Law Firm. Our firm has assisted clients with over 1,000 family law cases in the past 18 years and has a thorough knowledge of Arizona divorce proceedings. We will work tirelessly to ensure you receive the property you are entitled to receive after a divorce. Contact our Phoenix, Arizona office today for your initial free consultation.