Is Arizona a 50 50 state in a divorce?
Is Arizona a 50 50 state in a 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. 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.
Does it matter who files for divorce first in Arizona?
In Arizona, there are no legal consequences or advantages for who is listed as the Petitioner and who is listed as Respondent. If you file for the divorce, you will be known as the Petitioner. This person will file a petition for divorce, which is a paper asking the court to legally end a marriage.
Who gets the house in a divorce in Arizona?
Yes. A few states, including Arizona, have a community property law which states that both spouses own all property and debt acquired during a marriage. During divorce, this community property is typically divided equally between husband and wife. Certain conditions can change this 50-50 distribution.
Can a spouse kick you out of the house in Arizona?
Arizona is a community property state so both spouses have rights to shared marital property. If you have purchased a home with your spouse and are living together, the home belongs to both of you. Unfortunately, while you may want to force a spouse to move from a family home, generally this will not be possible.
How does adultery affect divorce 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.
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.
How long do you have to be married to get spousal support in Arizona?
A marriage of less than 10 years may be considered short-term and will likely result in a smaller alimony payment. On the other hand, a marriage that lasted over 20 years may be deemed long-term, resulting in a larger award… but not every judge follows this (or any other) guideline.
How long does divorce take in AZ?
120 days
How much does a divorce cost in AZ?
On average, an Arizona divorce costs about $20,000. The average cost of divorce in Arizona without a Lawyer is $577. The average cost of divorce in Arizona with a Lawyer is $20,000. However, the average cost of divorce in Arizona can range from $15,000 to $100,000 per side when including expert witness fees.
Who qualifies for alimony in Arizona?
A spouse seeking maintenance in Arizona must prove one of four things to be eligible to receive an award of alimony in Arizona. Specifically, the spouse must prove any of the following: The spouse lacks sufficient property to provide for his or her needs.
How much is alimony in AZ?
The formula provided the alimony award should be between 30% to 50% of the length of the marriage. There are many factors affecting whether the duration should be closer to 30% or 50% of the length of the marriage.
Is there alimony in AZ?
In Arizona, alimony is called spousal maintenance. Spousal maintenance may be ordered if the requirements of the statute are met. The statute is Arizona Revised Statutes 25-319.
Do I lose spousal support if I remarry?
The remarriage or re-partnering of the support recipient does have an effect on spousal support under the current law, but how much and when and why are less certain. Remarriage does not mean automatic termination of spousal support, but support is often reduced or suspended or sometimes even terminated.
How long after divorce can you remarry in Arizona?
In Arizona, there is no waiting period for remarriage after divorce, so technically you can remarry as soon as your divorce is finalized. However, having another romantic relationship during the divorce process can complicate matters in certain cases.
How do I stop alimony in Arizona?
The simple answer is yes. Either party may seek to modify spousal maintenance or terminate spousal maintenance early in Arizona if the person can demonstrate there has been a substantial and continuing change in circumstances that warrant a modification or termination of spousal maintenance.
What does spousal support include?
What does spousal maintenance or alimony include and how it is calculated? Spousal maintenance may be paid from one spouse to another and should provide for the reasonable monthly expenses of the obligee spouse so that spouse may maintain the same marital standard of living he or she enjoyed during the marriage.
How does Arizona Child Support Work?
Arizona law requires custodial and non-custodial parents to provide “reasonable support” for their minor children. A.R.S. § 25-501(A). In fact, the court will give a parent’s child support obligation priority over all other financial obligations of the parent.
