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Property Division Archives

Community property and property division: What should I know?

An Arizona couple that has decided to end a marriage and move forward with a divorce will have many issues to sort out. One that is often contentious is property division. This is true whether it is an affluent couple or one of more modest means. Having an understanding as to how state law views property and which party has a right to it is one of the key factors in a case.

Deciding who gets what when dividing marital property

Disputes often come up at various points in the divorce process. From the very beginning at the decision to file for dissolution to the very end right before a divorce decree is signed, serious and lengthy disputes may occur throughout the divorce. One very contentious issue many divorcing Arizona spouses face is property division. In most cases, these disputes revolve around who gets what when it comes time to divide marital property.

Determining who get the home during divorce

Deciding to get a divorce means many different things for couples in Arizona. Divorcing couples will face a multitude of changes moving forward. In order to help transition from married life to single life, spouses seek to leave their marriage with what they believe is rightfully theirs. While some divorcing spouses can sort through their assets and property with little to no issues, others find themselves in frequent disputes during the property division process.

Helping you through the property division process

Divorce is never easy. That is true even in cases where spouses collaborate and work together through all the steps of the process. In many cases, divorcing spouses will extend the process, focus on minute details, refuse to budge on issues and even act spiteful. This is likely to result in wasted time, money and emotional sanity.

Creditors are not parties to property division agreements

Many Phoenix couples share joint bank accounts, credit cards, and other financial devices. They may both have their names on different instruments so that they may share the financial assets that they amass during their married years. However, a divorce can quickly end partners' willingness to comingle their monetary property.

Fairness and the settlement of property during a divorce

If an Arizona couple can put its differences aside and allow the partners to work together to create a balanced, reasonable property settlement agreement, then a divorce court will often approve that agreement without further negotiations. But reaching such an agreement is not always easy, especially in the swirl of emotions that normally permeates a breakup.

Digital assets are important to protect during divorce

It is rare to find a Phoenix resident who does not use some form of social media account to connect with the masses and share with his or her friends. Whether it is Twitter, Facebook, Snapchat or something else, the ways in which a person can choose to connect and share online are at an all-time high. This can be great news for individuals who have no reason to suspect their lives are under scrutiny. However, for those individuals who are going through divorces, this is not always the case.

Asset valuation can make divorce complex

Even in the most harmonious divorces, individuals can find themselves embroiled in battles over the property they shared with their partners. Arizona residents may fight over who will take the marital home after their relationship ends, who will get the cars, who will keep the family photos and who will get to control the retirement accounts. Couples can accumulate a significant amount of tangible and intangible property over the course of their relationships, and when divorce becomes necessary, separating out those items can be an overwhelming experience.

What will happen to my credit when I divorce?

With foresight and careful planning, a soon-to-be divorced Arizona resident may not experience any significant changes to their credit once the marriage has ended. However, there are some issues that may arise after the divorce is finalized that could jeopardize a person's credit score and access to loans if they are not mindful of them during the divorce process.

We can help you complete a comprehensive property division

Many married couples are attached to each other in more ways than just through their marriage licenses. They may have children for whom they must create custody and support arrangements in the event that their marriages end. They likely also may share a variety of items of personal and real property that must be assigned values and divided as the partners approach their divorces.