How Is Property Divided in an Arizona Divorce?
Posted on Aug 13, 2014 2:33pm PDT
Are you considering
divorce? One of the longest and most complicated parts of an Arizona divorce process is the
property division. Arizona is considered a "community property" state. This means
that any items and debts that were acquired during the marriage will be
divided in a fair way. This does not necessarily mean that each spouse
will get an exact equal amount of assets. It only guarantees that the
division will be fair.
Sometimes, couples are able to agree on all of their debts and assets and
can simply divide things up their own way in an amicable divorce with
the help of an attorney. This is the preferable method, as individuals
that divide up their assets on their own are able to control where certain
pieces of property go and how they are dealt with. When the court has
authority, they may make uniform decisions that are not best for your
family. The court does not know your situation as well as you do, which
is why our Mesa divorce lawyers suggest creating an amicable property
division if at all possible.
However, we understand that there are times when an amicable divorce just
isn't feasible. In this situation, the courts will decide the property
division. Spouses will want to make sure to label all separate property
(property acquired prior to the marriage or acquired through inheritance
and gifts) so that it is not factored into the division.
Distinguishing community property from separate property can be excessively
complicated, especially if one spouse owns a business or another asset
which contributed to the labor or funds of the marriage. If you have a
complex property situation, we highly suggest you consult with a Mesa
divorce attorney before taking action. You will need to determine property
values with appraisals if you want to make sure that your property division
is complete fair.
Don't hesitate to call a Mesa divorce lawyer at
Liszewski Law Group, PLLC today for help with your case!