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How do community property laws affect a divorce in Arizona?

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Yuma, AZ – Arizona’s divorce laws include community property provisions, which creates some crucial issues during divorces in the state. In many divorce cases, property division can be the most time consuming and frustrating aspect of a separation. However, community property laws can make this phase of the divorce even more challenging, as spouses essentially have to find a way to equally divide or share almost everything they own.  

The definition of community property in Arizona

The term community property means that anything that was purchased or obtained during the marriage is considered to be owned equally, regardless of which spouse specifically bought it or has the legal title. This can make dividing assets after a separation slightly more complex, as spouses will generally have to find a way to share everything down the middle. There are generally only exceptions for certain types of gifts or items that were inherited from family members. 

Types of items that are community property

There are a few common things that are almost always considered community property during a divorce case. These include cars and vehicles, credit card debt, student loan debts, real property and homes, bank accounts, investment accounts, and even retirement accounts. 

Dividing community property during a divorce case

Family courts are given general guidance that community property should be divided fairly and equitably. This phrase is somewhat vague, but the judge assigned to the case usually tries to get as close to an equal or fifty percent division as possible. In cases where a piece of property such as a car or house cannot be divided between the two, the court will order the couple to sell it and divide the profits. The property must receive an appraisal or similar evaluation to determine a fair market value. 

Settlements and minimizing court involvement

One way that this process can be bypassed is for the spouses to come up with their own marital settlement agreement. This is ideal because it means less time and money in court, and generally also includes less conflict between the spouses. The couple can draft a contract that dictates exactly who gets ownership or certain property and assets. The court assigned to the case will review the document and sign off on it without requiring any further dispute or issues related to those items listed in the agreement. Legal help should be obtained when making these agreements, as they also must address complex issues such as taxation and indemnity. 

Family lawyers in Arizona

Schneider and Onofry is a firm that handles various problems for families in Yuma, Arizona. Divorces, child custody hearings, support payments for spouses and children, and various other family law issues can require the assistance of a licensed attorney. 

Firm contact info:

Schneider & Onofry, P.C.

207 W. 2nd St., Yuma AZ 85364

928-257-4887

soarizonalaw.com

What are some important facts to know about property division during a divorce in New York?

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Brooklyn, NY – Property division is usually one of the longest, most confusing, and most frustrating parts of a divorce case. This is because most people are reluctant to part with things that they have paid into over the course of years or decades such as a home, cars, or investments. Contested property can become a bitter issue that results in multiple court hearings. Because of the potential for problems and lengthy litigation, it is important for each person to have representation from their own experienced lawyer. 

Assets will be frozen 

Most of the couple’s shared property is frozen during the early stages of the divorce case. This is meant to be a safeguard against one spouse suddenly having a spending spree so that they do not have to divide their assets according to the court’s order, or move assets for the purpose of hiding them. There is an exception made for the payment of necessary bills such as mortgages and utilities, but the court will try to prevent any kind of significant and unnecessary spending or liquidation of marital property. 

Classification of property

If one party to the divorce can conclusively prove that an item or asset is their own separate property, it will not be subject to division. However, much property that is examined during the divorce case will likely be considered marital property and subject to the court’s authority. There can also be scenarios that are unclear, such as when one spouse started paying for a piece of personal or real property after the marriage, even if it was owned by the other spouse before they were married. There are often complexities related to investments and retirement accounts, and how they should be divided as well. A person’s taxes can also change significantly during he divorce year and immediately following. 

Standards of equity

The law in New York says that family court judges should try to make an equitable division of marital property between the spouses. This does not necessarily mean an equal split, but it does mean that a judge tries to aim for fairness. However, the judge still has a lot of discretion and what the judge considers to be equitable may be very unfair from one spouse’s perspective. This is why legal representation is so important during the property division phase, as the family lawyer can try to contest unfair property division. 

New York divorce attorneys

Elliot Green Law Offices is available to help with the process of divorces, child custody hearings, alimony payments, and other related legal matters. Anyone who has upcoming family law issues can contact the firm and schedule a meeting with an attorney to learn more. 

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201

718-260-8668

www.elliotgreenlaw.com

What are the most frustrating aspects of a divorce case in Arizona?

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Yuma, AZ – A divorce is always going to cause stress and the possibility of financial loss. There are a few aspects of this process that tends bother people, and cause them to become very frustrated. However, one of the best ways to prepare for these potential problems and avoid issues is to talk with an attorney early and often. Experienced family lawyers have found ways to help clients avoid the worst problems associated with a divorce and get through the process quickly. 

Disagreements with the other spouse

A divorce happens because the couple cannot get along anymore, and these arguments are likely to carry over throughout the divorce. If the spouses can agree on most aspects of their divorce, the case can be finished more quickly and there are less issues which need to be litigated, however arguments are always potential roadblocks. Things like child custody and support, property division, and whether alimony is necessary or not tend to cause the most tension between the two spouses. Some attorneys may be able to schedule mediation sessions or other forms of negotiation to get through disagreements efficiently.  

Large amounts of documentation

All divorces require some amount of formal paperwork that needs to be filed in the local courts and exchanged between both sides. However, if the couple has lots of documentation related to things like property and investments, all of this may need to be exchanged and copied at some point. As a general rule, a couple that has been married a long time and has lots of shared assets is more likely to have to send out a lot of documentation.  

The duration of the divorce case

Divorces are like most other lawsuits in terms of duration. They usually last anywhere from a few months to a few years, but when the members of the couple want to split up and get away from each other this can feel like a very long time. 

Post divorce problems

There may be agreements in place related to child custody schedules and support payments, contracts related to the disposition of property, and other matters that require some level of basic cooperation even after a divorce. However, when bitter feelings remain, the members of the former couple may try to disregard or get around these terms in any way possible, even in violation of a judge’s order. 

Firms that help people with their family problems

Schneider and Onofry assist local clients in the Yuma area with their family law cases. Anyone who needs to learn more about the services of a lawyer during a divorce, custody hearing, or for help with child support or alimony can contact the firm to learn more. 

Firm contact info:

Schneider & Onofry, P.C.

207 W. 2nd St., Yuma AZ 85364

928-257-4887

soarizonalaw.com