Under Arizona’s community property laws, all assets and debts a couple acquires during marriage belong equally to both spouses. Unlike some community property states, Arizona does not require the division of marital property in divorce to be exactly equal, but it must be fair and will usually be approximately equal.

Who gets the house in a divorce Arizona?

What Happens to Property in Divorce? With marital property interests held 50/50, the community estate is divided equitably and then distributed. Each former spouse begins life after divorce with all his or her separate property and half what they once owned together.

Do both parties have to agree to a divorce in Arizona?

The parties in a divorce must either use those services or agree that the use of those services with not help to save the marriage, pursuant to Arizona Revised Statute Section 25-312(2) and 25-312(3), before a judge can issue a divorce decree.

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.

How much does divorce cost in AZ?

What is the Average Cost of Divorce in Arizona? The average cost of divorce in Arizona is $20,000. Arizona divorce costs ranged from $15,000 to $100,000 per side when including expert witness fees in 2019.

Can my husband take my 401k in a divorce?

“I’ve seen 401k participants who’ve been abandoned by their spouses. But either way, your spouse has the legal grounds to claim all or part of your 401k benefits in a divorce settlement. And in most cases, you’ll have to find a way to make a fair and equitable split of the funds.

How long does divorce take in Arizona?

Although you can get a divorce decree in as little as 60 days (in limited circumstances as per the waiting period in Arizona Revised Statute 25-329), the average time to finalize even an uncontested divorce in Arizona is between 90 and 120 days. In many cases, divorces can take considerably longer.

What happens when you get a divorce in Arizona?

When you get a divorce in Arizona and you are covered under a spouse’s healthcare plan, that coverage will end and you’ll be forced to seek coverage elsewhere. But by law, your spouse may not remove you from their plan during the actual divorce process.

Is it legal to bifurcate a divorce in Arizona?

In Arizona, family law courts are not allowed to bifurcate divorces. All property, child support and child custody cases must be decided before a divorce can be finalized. This means if you want to remarry or file your taxes as a single person, you must find a way to compromise with your spouse so that your divorce will move forward to completion.

Is it illegal to leave your partner’s home in AZ?

Perhaps someone told you that this constitutes abandonment. Is this true under the law? In Arizona, the answer is no. Moving out of the marital residence or home you have shared with your romantic partner does not break any law, criminal or otherwise. Also, it cannot be used against you in family court.

Can you still live in the same house after a divorce?

It is possible for you and your spouse to be separated but to continue living in the same home during the 12 months before applying for divorce. This is known as ‘separation under the one roof’. If this applies to your situation, you need to prove to the Court that you were separated during this time.