is arizona a 50 50 state in a divorce?

There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Nine states follow some form of this system, including Arizona. If you are considering a divorce in Arizona, it is important to know that Arizona is a no-fault state which means that you do not need to state a reason for a divorce. Arizona and nine other states are community property states. Both of you can agree on terms with the help of a neutral third party or mediator. If you are thinking about a divorce or have recently filed for a divorce, working with a lawyer is strongly recommended. Some states, including Michigan, consider any debt occurred up until the date of your divorce as a marital debt. When a divorce dissolves the marriage and forces a distribution of assets spread across various states, the Court in the state where the parties reside at the time of their divorce does not have the legal authority to issue a ruling over the property located in another state. While we say that community property “typically” gets distributed equally in a divorce in Arizona, that does not mean that every case will result in a 50/50 split. The courts will seek to have an equitable distribution of the community property. Please contact a lawyer for a consultation on your particular legal matter. We often work with investigators and highly knowledgeable professionals in fields such as real property appraisals, personal property appraisals, business valuation and forensic accounting. Fortunately, there are two options that you may consider that can help resolve your issues without court intervention: A valid prenuptial agreement can be entered into before marriage. The Arizona divorce timeline varies a great deal. Divorce rates in the United States are declining—except for people over 50. If the one spouse dissipated community property assets by engaging in conduct such as gambling, using drugs or spending on an extramarital affair, that spouse could get a significantly smaller share of the community property. Likewise, other assets acquired before the marriage (and kept separate from marital property) are examples of separate property. There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. The amount of time that takes to get a dissolution or divorce can vary from case to case. Divorce property division laws vary from state to state. This usually means the property is divided 50-50 upon divorce, unless specific circumstances dictate otherwise. Arizona is a community property state and community property law controls the division of all assets of your marital estate. Community property includes: • salaries and other forms of income • homes and other real estate • investments, funds, and pensions • cars and recreation vehicles • jewelry and costly possessions • furniture, appliances, and other household items. I live in the state of Arizona - in our divorce decree - we are to split our 401k 50%/50% . Stat. Division, however, has to be fair and generally be approximately equal. Keep in mind that the law does not necessarily require that the assets and/or debts be split “evenly” or on a 50/50 basis. Various provisions can be covered including a plan for dividing community property upon divorce. Unlike many other states, Arizona does not have a statute which sets out a list of factors that a judge must consider when the judge distributes community property. In Arizona, you do not have to prove someone is at fault (caused the divorce) to get a divorce. This point about community property is important because a prenuptial agreement can define the rights and responsibilities of the spouses both during the marriage and in the event of a divorce. The second difference is the requirement of mutual agreement for a legal separation. Hildebrand Law, PC explains whether Arizona is a 50/50 divorce state. In Arizona, a couple may divide only its community property when they divorce. The exception to this is if spouses have chosen to go through a covenant marriage or later convert to a covenant marriage. Posted on Oct 9, 2015. This is true even if you are separated from your spouse and had no knowledge of the debt until after it had been incurred. For divorce in Arizona, either spouse must state that their marriage is broken irretrievably without any prospect of reconciliation. A “50/50” divorce refers to a divorce in which a couple’s assets typically are split 50/50, or equally, at the conclusion of the divorce process. Phoenix Office 2375 E Camelback Rd #600 Phoenix, AZ 85016 (602) 698-5520, Copyright © 2020 Goldman Law, LLC | 2375 E Camelback Rd #600, Phoenix, AZ 85016 | (602) 698-5520, High Asset Divorce In Arizona: Issues To Look Out For. May 30, 2010 By admin Leave a Comment. Appliances, furniture and other household items. Cases where Arizona is not a 50-50 state in a divorce. Wyoming. In mediation, the entire process can be completed within 2-4 months. Arizona is a community property state, meaning that all property acquired by either party during the marriage is the community property of the parties unless a statutory exception applies. In a marriage, property can either be “individual property” (also known as “separate property”) or “marital property” (sometimes called “joint property”). New Hampshire. Tag: arizona 50 50 state divorce. Learn if Arizona is a 50 50 Divorce State From Our Experienced Arizona Divorce Attorneys, Chris Hildebrand, at Hildebrand Law, PC. This does not necessarily mean that assets will be divided equally on a 50/50 basis. They contemplated wait times, separation periods, residency requirements and fees. As a community property state, Arizona courts will generally divide a divorcing couple’s marital property 50/50. You can move in one day and get divorced the next. Heather earned her undergraduate degree from the University of Wisconsin-Madison and obtained her Juris Doctorate from Brooklyn Law School. These professionals can  help us to track down and properly valuate all property which should be divided in your divorce. Arizona makes an exception to the 50/50 rules where each spouse takes half the assets and debts if one spouse has committed waste (reckless spending) of marital assets. Community property encompasses all assets and debts that the couple acquired during marriage and before the date of separation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Generally, the rule is to divide property in an equitable manner -- this doesn't necessarily result in a 50/50 split. Community Property. She is a highly active member of state and local bar associations who has served on several panels to educate young lawyers and law students. Generally, the rule is to divide property in an equitable manner -- this doesn't necessarily result in a 50/50 split. Heather Baker-Mushkatel is an Arizona native who focuses in the area of family at Mushkatel, Robbins & Becker, PLLC. Contact An Experienced Phoenix Lawyer At Our Office, © 2021 Mushkatel, Robbins & Becker PLLC. The amount of time that takes to get a dissolution or divorce can vary from case to case. However, there are Court of Appeals decisions that have supported an unequal division of … Also See: Family Law in All 50 States >> Marriage Laws in All 50 States Below are links to each state’s divorce law pages on MyFamilyLaw. Divorce – State FAQ – Arizona. They determined New Hampshire to be the easiest state … In equitable distribution states, more assets may be considered “marital property,” but the split is not necessarily 50-50. This page summarizes the most important aspects of property division laws in North Dakota. In equitable distribution states, more assets may be considered “marital property,” but the split is not necessarily 50-50. They are formally called community property states. Most divorcing couples in Arizona would rather resolve their issues privately than go to court. Every effort has been made to assure that the information contained in these pages is accurate and complete. Marital Profile: Joseph and Karen have been married for 14 years and have no children. An unequal division of property may be ordered by a judge if it is determined that one spouse has squandered assets during the marriage. They determined New Hampshire to be the easiest state … Community property is all property that was acquired during the marriage. We don't divide separate property in half. A court may inequitably divide property as well, if one spouse is found concealing community assets. Is Arizona a 50 50 state in a divorce? While some general rules apply, the judge has broad discretion. In some cases, the court may determine that it is more fair and … Community property includes all assets and debts that the couple accumulated during marriage and prior to their separation date. Here, we discuss what a “50/50” state means. However, divorce laws are subject to constant change. Most states view retirement benefits that you accrued during the marriage as community property. Heather also has substantial experience in criminal defense law, including a background as a public defender in Maricopa County. California is NOT a 50/50 state but California IS a community property state. Arizona is one of a few states that follows a community property approach to classifying marital property, as opposed to the equitable distribution approach followed by a majority of the states. May 30, 2010 By admin Leave a Comment. Yes. Community property law sets forth a presumption that all real and personal property acquired during marriage is community property - meaning that the "property" is owned 50% by Husband and 50% by Wife. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Arizona for a minimum of three months. Dividing property 50-50 between spouses is a fairly rare thing for a judge to do in Arizona. For example if one spouse spent $100,000 of marital assets gambling, a judge may reduce the gambling spouse’s property award by $100,000. This means that the court will not consider the conduct of spouses when dividing property. Community property is all property that was acquired during the marriage. We can also help you with settling other issues like alimony, child support and child custody. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction. Unlike some 50-50 states, Arizona does not require marital property to be divided equally in a divorce. Other states are different. They are formally called community property states. Arizona divides marital assets under community property law, which means that property and assets acquired during a marriage are jointly owned by both spouses, regardless of who purchased it or whose name is on the title.In most cases, community property will be divided 50/50 between the spouses. Keep in mind that a divorce in Arizona is not the same thing as a legal separation. State law (section 25-325, Arizona Revised Statutes) allows a woman to return to ("restore") the use of her former name at the time the marriage is ended. Serving all areas of the West & Northwest Valley including Phoenix, Peoria, Glendale, Surprise, Sun City, Anthem, Goodyear, & You and your spouse may decide this for yourselves, but is important to note that Arizona is a community property state. If a spouse intentionally destroys community property, a court could award more than half of the remaining community property to the other spouse. In Arizona, you do not have to prove someone is at fault (caused the divorce) to get a divorce. Residency requirements, venue and procedures. Is Arizona a No Fault Divorce State? Call us today at (602) 698-5520 or fill out our contact form to schedule your personalized consultation. Call or reach us online today to learn more. Arizona vital records - Find birth, death, marriage, divorce, and other vital records for the state of Arizona. A judge, therefore, must make a division of assets and debts that are substantially equal. However, like all property, any benefits you accrued before the marriage are your separate property. Arizona is a “non-fault” or “no-fault” state. Only community property can be divided by a divorcing couple in Arizona. Arizona marriage and divorce laws are governed by the Arizona Revised Statutes and the Arizona Rules of Family Law Procedure. This is where things can get complicated in court because what one party views as fair may not be what the judge sees as fair. As to division of assets it is a lot more complicated then dividing everything in half. What’s more, dividing assets according to your wishes is more preferable than having a judge decide for you. Some people also call it a “50/50” state. State laws require that you wait 60 days from the date of service before you can proceed with a divorce. Learn if Arizona is a 50 50 Divorce State From Our Experienced Arizona Divorce Attorneys, Chris Hildebrand, at Hildebrand Law, PC. Certain gifts and inheritance acquired during the marriage may be treated as separate property. You do not have to allege that the other person is cheating, stealing or is abusive. We can meet remotely. Before this happens, the determination must be made as to what constitutes marital property and constitutes separate property. To talk about the specific facts of your case, connect with us today. There are issues of waste when one spouse starts getting rid … Some conditions may occur in which dividing assets or debts fairly and equitably will not apply in an Arizona divorce. One spouse’s wasting of community assets, such as losing a significant amount of money on gambling and other vices, can be seen as a violation of their fiduciary obligation to the other spouse. You may agree to an unequal division. An equitable division, does not always mean an equal division, however. Arizona is a community property state, but that doesn't mean it's an exact 50-50 split. In Arizona, the legal name for a divorce is Dissolution of Marriage. It has been compiled directly from the most recently available statute books and updates for each state. Ariz. Rev. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Arizona is one of a few states that follows a community property approach to classifying marital property, as opposed to the equitable distribution approach followed by a majority of the states. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction. For instance, a judge can order the property to be liquidated, or sold, and also order the proceeds to be distributed equally or according to a different division. A divorcing couple’s property and debts will be divided by a court unless they can come up with an agreeable arrangement. Although Arizona is a community property state, courts have discretion as to whether marital assets should be divided equally. If the parents share joint or legal custody, a relocating parent must provide the other parent with 45 days advance notice of a move out of state or a move that is equal to 100 miles away within the state. Worried about Coronavirus? Click Your State to View the Divorce Statutes that Affect You. § 25-318 (2020) states that all assets and debts incurred by a couple during marriage equally belong to both spouses. An Arizona legal separation and an Arizona divorce are almost identical. State laws require that you wait 60 days from the date of service before you can proceed with a divorce. Nonetheless, Bloomberg has ranked all 50 states from best to worst. If you live in an Equitable Distribution State, the law “sees” assets somewhat differently. Unlike some 50-50 states, Arizona does not require marital property to be divided equally in a divorce. Site by Consultwebs.com: Law Firm Website Designers / Personal Injury Lawyer Marketing. Separate property is not considered in the divorce settlement; it is your sole property and your spouse has no right to your separate property in a divorce. One of the advantages of working with an experienced divorce attorney at Mushkatel, Robbins & Becker, PLLC, is that you will receive a comprehensive investigation of your case. Arizona is a "Community Property" state. My ex is asking for information on my 401K even though I am going to have an attorney prepare the paperwork for this to happen with my personal 401K. Finally, the information contained on this website is not guaranteed to be up to date. Some conditions may occur in which dividing assets or debts fairly and equitably will not apply in an Arizona divorce. All states have certain requirements for getting a divorce, which may include residency rules or the requirement to be legally separated for a certain amount of time before filing for divorce.While laws used to require proof that one of the spouses was at fault, all states now allow "no fault" divorce. Not only can our lawyers at Mushkatel, Robbins & Becker, PLLC, assist you in negotiating your property division agreement. Is Arizona a No Fault Divorce State? Uncontested Divorce in Arizona. In accordance with Arizona Revised Statute §25-211, community property is all property acquired during the marriage by the efforts of either party through the date of service of the Petition for Dissolution. A request must be made to the court at any time beforethe divorce Decree is signed by the judge. You only need to claim that a marriage is “irretrievably broken” to proceed. This property will be divided equally (50-50) by the … If that’s not the case, then you have to have the issue of a 50/50 parenting plan on the table from the beginning of the divorce. When a state is a “community property” state, it means that divorce cases usually follow a 50/50 split. Details Here, By Heather Baker-Mushkatel on November 19, 2019. May 30, 2020 June 1, 2020 Entertainment by Igor. Arizona courts are required to give each spouse a “fair” share of the property. Although Arizona is a community property state, courts have discretion as to whether marital assets should be divided equally. You hear a lot of rumors about divorce in Arizona when you go through one. Some factors considered by North Dakota courts in a property division case include a list of other factors defined in North Dakota law. This web site is not intended to solicit clients for matters outside of the state of Arizona. In fact, there are more similarities than differences. A “50/50” divorce refers to a divorce in which a couple’s assets typically are split 50/50, or equally, at the conclusion of the divorce process. And believe it when… Read More. Further, dividing property according to your wishes rather than having a judge decide, is usually preferred. Finally, the information contained on this website is not guaranteed to be up to date. Some examples are: However, gifts or property that one spouse acquires by devise, descent or gift is considered that spouse’s separate property – even if he/she acquires the property during the marriage. Under Arizona law, a legal separation cannot be finalized until 60 days after the Petitioner serves the Respondent. These are their top 10. Divorcing in Arizona: The Complete Guide (Everything You Need to Know) While it is a fact that getting a divorce is nothing new in this part of the world, it still is not something you want to get involved in without knowing exactly what is at stake. Reaching an agreement outside of court is nearly always faster and less costly than getting a court’s decision. In an Equitable Distribution State, if your name appears on an asset (the deed to a house or the title to a car, e.g. Divorce in Arizona This booklet is designed to give you general information about getting a divorce in Arizona and to let you know what steps are involved in taking a case to court. In contrast, Divorce is usually heartbreaking, ... Each state ultimately prefers joint custody arrangements as long as both parents are able to care of the children. You need the services of a family law attorney. Community Property. This would tend to suggest that Arizona is a 50 50 state in a divorce. Their marriage is a medium-term marriage where spousal support and an unequal division of marital property may be considered. • any asset solely owned by either spouse before the marriage • any asset acquired as an inheritance or gift by either spouse before, during, or after the marriage • any asset that is included in a valid prenuptial or postnuptial agreement. 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