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Property Division Archives

Legal separation and property division

As is the case in other states, Arizona has a process by which a couple can choose to obtain a legal separation instead of a divorce. There a number of reasons a couple might choose to take this route, including personal moral beliefs or for financial reasons like tax breaks or health insurance.

A review of Arizona prenuptial agreements

Like other states in the country, Arizona allows couples to enter into prenuptial agreements, which are technically called premarital agreements in this state. This means that if two Phoenix residents decide to marry, they can make an agreement in advance as to how asset valuation and division will be handled in the event of either death or divorce, and the courts will enforce that agreement.

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.