Divorce

Divorce

DIVORCE

Divorce allows you to end your marriage permanently and divides a couple's property and debts.  If a divorcing couple has children, the divorce will also determine legal decision-making, (fka "custody"), parenting time and child support.  If one spouse requires financial assistance from the other spouse, the Court may also award spousal maintenance, (aka "alimony").  The length of time it takes to obtain a divorce in Arizona varies and may depend on a variety of factors such as:  what areas of disagreement exist, the complexity of the issues, the Court's calendar and the reasonableness of the parties.  After a party is served with a Petition for Dissolution, the divorce will take at least sixty (60) days to finalize.  Thus, even if you and your spouse are in agreement on all issues, the Court will not finalize the divorce until sixty (60) days after service of the Petition. 

Divorce and Community Property

Arizona is one of nine community property states in the U.S.A.  Community property is property that was acquired during the marriage and community debt is debt that was acquired during the marriage.  In most circumstances, community property and community debt are divided equally by the parties in the divorce. Separate property and debt are generally obtained prior to the marriage, however, there are some exceptions to this rule. Separate property is generally kept by the person who acquired it and not divided by the parties. Community property law can be very simple or very complex depending on the issues in your case. In some cases, separate property may owe assets to the marital community, e.g. a separate property house purchased prior to the marriage but paid for with community funds during the marriage. In other cases, separate and community property become commingled, e.g. a community joint bank account containing both separate (premarital) and community funds.  If funds are commingled, it is difficult to determine which portion of the assets are community and which are one person's separate property. If you are going through a divorce, you need an experienced attorney to help you navigate Arizona community property law and ensure that your assets and debts are being divided legally and equitably.



How I Can Help

If you are thinking about filing for divorce, or if your spouse has already filed, hiring an experienced attorney is essential. I have extensive experience with complex and simple divorce cases in Arizona. I love providing peace of mind to my clients during this difficult time. Please click the button below or call today to schedule a consultation with me.

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