Why hire our Arizona divorce&family lawyers?
Apr 01, 2009 · Child Custody (Temporary Orders) In most cases during a Divorce in Arizona with children, when a “Petition for Dissolution” is filed, there is also a request for “Temporary Orders” …
Why choose Phoenix family law firm?
Arizona Divorce Rules and Property Division. A judge will divide a divorcing couple's property and debts, unless the couple is able to reach a settlement agreement. Under Arizona's community …
Why choose Stewart Law Group for your Arizona divorce?
Mar 18, 2019 · High asset divorce cases often entail unique legal issues which can be complicated. Jeff Bezos, the billionaire founder and CEO of Amazon, recently announced he …
How are assets split in a divorce in Arizona?
Here are some steps to take if you are a victim or survivor of financial abuse and you’re getting a divorce. 1. Obtain financial documents before leaving the marriage. 2. Seek help from a …
What happens in a divorce when a spouse cheats in Arizona?
Arizona is a “no-fault divorce” state, which means that the court does not look for fault on the part of either spouse. In fact, Arizona judges are prohibited from considering evidence of adultery when deciding on matters such as spousal maintenance, often known as alimony.Jan 27, 2020
Is inheritance protected in divorce Arizona?
Arizona law considers an inheritance payable only to one spouse to be the spouse's separate property rather than marital property divisible between the spouses. However, this classification becomes murky when money received from an inheritance is commingled with marital assets — a process known as transmutation.
Can you sue for adultery in Arizona?
The crime of adultery is rarely enforced in Arizona. In order for prosecution of adultery to occur, the wife or husband must file a complaint with law enforcement. Since police officers don't often like to get involved in the personal matters of a household, adultery has its most severe consequences in divorce court.Apr 11, 2019
How are assets divided in divorce in Arizona?
The process of dividing assets and debts is two-fold. First, the court awards each spouse his or her separate property. Second, because each spouse is entitled to one-half of the community estate, the court divides community property equitably.
Is inheritance part of marital assets?
Generally, inheritances are not subject to equitable distribution because inheritances are not considered marital property. Instead, inheritances are treated as separate property belonging to the person who received the inheritance and are not be divided between the parties in a divorce.Nov 19, 2021
Is AZ a marital property state?
Arizona is a community property state, which means that all property acquired by either spouse during the marriage is considered to be jointly owned. Upon a divorce, it will be divided approximately equally.
Can text messages be used in court to prove adultery?
If you believe your spouse is committing adultery and the proof is in texts and other private messaging, any attempts to retrieve or copy those messages without authorization will likely result in them being impermissible in court.Mar 9, 2021
Is it illegal to sleep with a married woman in Arizona?
Arizona's infidelity law is as follows: A. A married person who has sexual intercourse with another than his or her spouse, and an unmarried person who has sexual intercourse with a married person not his or her spouse, commits adultery and is guilty of a class 3 misdemeanor.Jan 12, 2012
Is Sexting considered adultery in Arizona?
Is texting someone cheating? "Being emotionally involved with another person other than your partner is still cheating," she said. "Whether it's sexting, texting, or any type of message, it's a violation of trust and loyalty that you have with your partner.
Do you have to pay child support if you have 50/50 custody in Arizona?
So even if the parties "agree" not to pay child support to each other, the court will have an independent legal obligation to ensure that your agreement doesn't hurt the kids. A 50-50 division of parenting time *often* results in a minimal - or even nonexistent - need for child support payments.
Who gets the house in a divorce in AZ?
Arizona is a community property state
In most cases, an Arizona court will divide the house equally, which may require selling the home and splitting the net profits. However, there may be circumstances in which selling the home is undesirable, either for economic reasons or due to one spouse's needs or preferences.
In most cases, an Arizona court will divide the house equally, which may require selling the home and splitting the net profits. However, there may be circumstances in which selling the home is undesirable, either for economic reasons or due to one spouse's needs or preferences.
What is considered abandonment in a marriage in Arizona?
When it happens between a married couple, the action of the spouse, who “ghosted” you, is committing spousal abandonment in the State of Arizona. You do not want to stay in the marriage but may feel like you do not know where to turn after discovering you must serve divorce papers.Dec 24, 2019
Divorce Laws in Arizona
Arizona marriage and divorce laws are governed by the Arizona Revised Statutes and the Arizona Rules of Family Law Procedure. 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. You only need to claim that a mar…
Property Issues
- Community Property in Arizona
Arizona is a community property state. This means that all property acquired by either spouse during the marriage belongs equally to both spouses. However, there are some exceptions. If an asset was acquired during the marriage by way of inheritance or a gift, then the person who was … - Debts
As a community property state, any debts or assets acquired by one or the other spouse during a marriage in Arizona belong equally to both spouses. Debts that are incurred after a marriage or separation, or before a marriage or separation only belong to the spouse who incurred them.
Support Issues
- Alimony (Spousal Maintenance) in Arizona
In Arizona, alimony is called spousal maintenance. There are two types of spousal maintenance, temporary spousal maintenance (or pendente lite) and permanent spousal maintenance. Temporary spousal maintenanceis paid while a divorce is still in progress. Permanent spousal … - Child Support in Arizona
Even in a divorce, Arizona law requires that both parents contribute to the well-being and support of their minor children. The Arizona Supreme Court as adopted a set of guidelinesthat govern how child support will be determined. This includes a formula for calculating the amount of support t…
Custody and Visitation
- Child Custody in Arizona
In Arizona, the primary guiding principle in determining child custody is what is in a child’s best interests. Sole custody refers to legal custody in Arizona. In a sole custody arrangement, only one parent makes major life decisions for the child, such as medical care or education. With joint cu… - Substance Abuse
Although joint custody is the preferred way to deal with child custody issues in Arizona, when one spouse has abused drugs or alcohol, joint custody is not in the best interests of the child. When drug or alcohol abuse is present, a parent cannot always take care of themselves, let alone a chil…
Process
- Bifurcation of Marital Status
Bifurcation means that both parties in a divorce can legally declared as a single person while the other issues in their divorce are still being worked out. It does not affect things such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or b… - Arizona Disclosure and Discovery Obligations
The Arizona Rules of Family Law Procedure specifically address disclosure and discovery issues. There are mandatory minimum disclosures that all parties in a divorce must make available. Rule 49 states that you must disclose information within 40 days after filing a response to an initial p…
Other Issues
- Domestic Violence
Arizona is a no-fault state, and domestic violence does not need to be stated as a reason for ending a marriage. However, if domestic violence is present in a marriage, it can have an impact on child custody and visitation rights. Domestic violence can take place against any member of … - Infidelity and Adultery
Infidelity and adultery, more commonly known as “cheating” takes place when one married person has voluntary sexual intercourse with someone who is other than their spouse. Under a no-fault premise, couples in Arizona who have attempted to work out their differences can simply cite a…
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