Top 5 Things to Know About Divorce in Arizona
1. Arizona is a community property state.
This means anything either spouse earned during the marriage belongs to both spouses. On the flip side, it also means every debt incurred during the marriage belongs to both spouses. That said, certain exceptions exist including items acquired by gift or inheritance or if a pre-nuptial agreement or post-nuptial agreement is in place.
2. When dividing property, each party should be aware of all the assets needing to be divided and the worth of each asset.
A family law judge once said, “When you divide one by two, you don’t get one.” In Arizona, we generally divide all Community PropertyThis is property that belongs equally to both spouses. It includes any property, asset, or liability either party acquires during the marriage with the exception of property acquired by gift or inheritance. Parties can opt out of community property laws with a prenuptial…Read more about Community Property and debts in half. 000As simple as it may sound to divide the community property in half, this task can sometimes be a complicated one. One of the most important parts of any divorce matter is DisclosureFollowing Rule 49, this is when you provide documents, evidence, and information regarding your case to the other side. Any evidence you want to use must be disclosed to the other side. Disclosure is not filed with the court.Read more about Disclosure and DiscoveryGoverned by Rules 51 to 65 of the Arizona Rules of Family Law Procedure, this is the formal process of acquiring information that you need to put on your case. This includes options like interrogatories (written questions), depositions, subpoenas, and Requests for Productions.…Read more about Discovery, the process by which each spouse learns what assets and debts exist, and the values of each. Some attorneys will not even begin negotiating until discovery and disclosure is complete. In dividing the property, there is much to consider: deciding whether one PartyAn individual, entity, or the state that either brings the lawsuit or is required to respond to the lawsuit. See ARFLP Rule 3(f).Read more about Party will keep the house or list for sale. If one party keeps it, the parties must select a buyout figure. There are similar concerns for a community business. Retirement accounts, pensions, stocks (both vested and unvested) also have special considerations. On the vehicles, who is keep what vehicle, and how do we remove names from titles and arrange refinancing, if necessary. In dividing the debts, we not only need to divide them, but provide protective language in case one spouse defaults on the debts assigned to them. Because attorneys regularly handle these issues, an attorney can be especially useful in protecting your property interests in a divorce.
3. Spousal maintenance (aka alimony) is the area of the law where the standards are the least clear.
Arizona no longer has a Spousal MaintenanceThese are payments made from one spouse to another when one spouse cannot financially meet their reasonable needs on their own. The law permits spousal maintenance (or alimony as it’s called in other states) for several reasons—to help maintain the lifestyle the parties enjoyed…Read more about Spousal Maintenance calculation. Spousal maintenance has become a very gray area of the law, and the awards can vary greatly from judge to judge. But an experienced lawyer can help you understand what a Spousal MaintenanceThese are payments made from one spouse to another when one spouse cannot financially meet their reasonable needs on their own. The law permits spousal maintenance (or alimony as it’s called in other states) for several reasons—to help maintain the lifestyle the parties enjoyed…Read more about Spousal Maintenance claim will be in your case. We recommend, at a minimum, consulting with an attorney if you believe spousal maintenance might be an issue in your case.
4. Legal decision-making and parenting time collectively comprise what was traditionally known as custody.
In 2012, the Arizona Legislature adopted the terms Legal Decision-MakingThis is the right to make decisions on behalf of the child when it comes to decisions involving the child’s health, education, religion, or personal care. It does not include the right to dictate the child’s parenting time schedule or place conditions on the other parent’s time.…Read more about Legal Decision-Making and Parenting TimeThis is what it sounds like—this is when it’s the parent’s time with the child(ren). See A.R.S § 25-401(5). Prior to 2012, it was known as physical custody.Read more about Parenting Time to make those terms more descriptive of the custodial rights. As their names imply, legal decision-making is the right to make decisions on behalf of your children when it comes to decisions regarding their healthcare, education, religious, and Personal Care DecisionsA category of legal decision-making that has not yet been defined in the law. Generally, though, it is thought to include bigger decisions that impact a child’s life, such as whether they get an ear pierced or get a tattoo. It may include whether a child gets a smartphone or a…Read more about Personal Care Decisions. Parenting time refers to which parent has the child at any given date and time.
5. Each party has the right to seek temporary orders, if issues need to be decided right away.
The TrialA court hearing in which evidence and testimony are taken, and the Court makes a final determination of the issues raised in a petition. Trials and evidentiary hearings are somewhat synonymous, but the difference is one of scope: Evidentiary hearings are more limited in scope…Read more about Trial court can decide, on a temporary BasisA tax term describing the price a taxpayer paid to acquire a property. When a property or asset is sold, basis is deducted from the selling price to determine whether there is a taxable gain or loss. For items awarded in a divorce, those items are not taxed as part of the divorce…Read more about Basis, the issues of Legal Decision-MakingThis is the right to make decisions on behalf of the child when it comes to decisions involving the child’s health, education, religion, or personal care. It does not include the right to dictate the child’s parenting time schedule or place conditions on the other parent’s time.…Read more about Legal Decision-Making, parenting time, spousal maintenance, exclusive use of the marital residence, and an interim award of attorney’s fees based on disparity of IncomeAs defined by A.R.S. § 25-500(6), “any form of payment owed to an individual, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation, disability payments, payments pursuant to a pension or retirement program and interest.” See also child…Read more about Income. Temporary OrdersOrders the court puts in place while the parties go through discovery and disclosure on the case. The orders are in place until further order of the Court. Common temporary orders are orders for legal decision-making, parenting time, spousal maintenance, child support, exclusive…Read more about Temporary Orders still take time (the trial will occur 30 to 60 days after temporary orders are requested), but it’s much quicker than waiting nine or twelve months or longer for a final TrialA court hearing in which evidence and testimony are taken, and the Court makes a final determination of the issues raised in a petition. Trials and evidentiary hearings are somewhat synonymous, but the difference is one of scope: Evidentiary hearings are more limited in scope…Read more about Trial.
Read more about the Divorce process.
