Arizona law generally aids the courts to establish a reasonable and fair property division that divorced parties can agree to, but if the parties cannot come to an agreement, the Superior Court will divide the marital estate within the Judgment of Divorce.
Community Property State
In a community property state, the Superior Court separates all property and debt equally for the divorcing spouses when they cannot come to an agreement themselves. Property they acquired from the date of marriage until the filing date is subject to division. Arizona is one of the nine community property states in the United States.
Marital Misconduct
Regarding separation of property, the court does not consider marital misconduct. Instead, the court divides the community, joint tenancy and other property held in common equitably.
Additionally, Arizona considers separate property acquired outside the state to be community property, with certain qualifications.
Community Debts
Certain community debts may also be assigned to one spouse, but this assignment doesn’t necessarily relieve either of them of their obligation for community debts. Community debts are matters of contract between both spouses and their creditors. Because creditors are not parties of a divorce case, they are not bound by court orders or any spousal agreements, though the creditors may request that the court lien the separate property of one spouse to secure payment of debts that the court orders him or her to pay.
We Know How to Handle Your Case
Having the resources to negotiate your terms of divorce outside of court can help save you significant time and money, though, when negotiation is unsuccessful, we are prepared and equipped to take your case to court, if necessary. Ronald L. Kossack is a master negotiator and litigator who served as the lead attorney on more than 750 trials and hearings; and he will aggressively pursue results that meet your needs and goals.
At the Law Office of Ronald L. Kossack, we provide a free initial consultation to discuss your family law matter and how we can be of assistance. To speak with a Tempe divorce lawyer about you legal matter contact us online or by calling 480-345-2652.