Divorce

Personal property includes personal items, like your clothes, your wallet, purse, jewelry, furnishings, etc.

Social security is not divisible in an Arizona divorce. The divorce court is a state court, so it cannot divide a federal benefit like Social Security. But if it is a marriage of 10 years or more, the lesser-earning spouse may qualify at retirement age to draw Social Security from the other’s spouse Social Security earnings.

A Preliminary Injunction protects both parties during a pending divorce. It prevents people from taking certain actions to remove property or children from the Court’s jurisdiction. It also prevents certain other actions that spouses sometimes undertake to hurt their spouse in a divorce proceeding.

You and your spouse can agree to divide the property however you want as long as your division is fair. But if a judge divides it, they are going to divide it “equitably.” That means you each get one half of the community property, unless the Court finds such an equal division would be “unfair” to either party.

The marital community starts on the date of marriage and ends on the day the Petition for Dissolution is served, provided the divorce is finalized with that Petition.

The phrase “marital community” describes everything the community owns or owes. (assets and debts)

Community property is any asset or debt either spouse acquired during the marriage. It includes houses, businesses, retirement accounts, stocks, bank accounts, credit card debts, student loans, HELOC’s, intellectual property, etc. The exceptions to community property are any property acquired as an inheritance or as a gift. If a prenup or postnup was signed, the spouses may have opted out of the community property laws altogether. Additionally, certain federal law may prevent state courts from dividing certain assets, such as a military disability pension or Social Security benefits.

Any property that is community will be divided during the divorce. Community property is any property or debt that was acquired by either spouse during the marriage—with some exceptions. That means that pretty much anything you acquired during the marriage, asset or debt, will be divided as part of the divorce proceeding.

The Court sets a Status Conference whenever it wants to either get an update from the parties or wants to discuss an issue. Some common reasons why a Court sets a Status Conference is to speak to the parties after they attempt mediation, to discuss any problems that have arisen related to custody, to resolve a discovery dispute, or to simply check in with the parties and see if there’s anything the Court can do to move the matter along.

The RMC is the judge’s introduction to a divorce matter. The judge is essentially being introduced to the case, hearing each side’s positions, and determining what steps are next. Frequently, judges order the parties to take some steps toward settlement. Less frequently, the judge may set the matter for trial.

No, you cannot stop the divorce, but you can attempt to prevent it. The Court allows you to file a one-time Petition for Conciliation Services that pauses the divorce while you and your spouse have a one-time meeting with a counselor to see if your marriage can be saved.

Your spouse can move for default, and if successful, your spouse will get everything they requested in the Petition.