Asset Division in Arizona
The Arizona divorce process begins with a petition or dissolution of a marriage. Our state does not require fault in order to file for divorce, as we are a “no fault” state. However, couples will have to decide if they are filing an uncontested divorce or are going to focus on a marital settlement agreement/consent decree. In the second scenario, the responding spouse files a challenge to the petition for dissolution.
Often, these divorces are contested not because the responding spouse wants to remain in the marriage, but rather because there are severe disagreements concerning the division of assets. Working with a qualified Phoenix divorce attorney, such as one of our team members at Cantor Law Group, will help you through this process.
A Community Property State
Arizona is a Community Property state, which means that the assets of the marriage will be divided fairly, although not necessarily equally, and will be considered community property. Assets that are acquired by either party prior to the marriage are not part of this community property. The first step in asset division is determining the character, or status, of the property. Once all community property has been identified, then the separation must begin.
Sometimes, a couple will be unable to agree on the division of their community property. In these instances, A.R.S. §25-318(A) gives the courts the right to divide the property as they see it to be fair. This often ends up being an equal division, but that is not required by law. Sometimes, in the spirit of fairness, the actual division is unequal. It also may not favor you when the courts make the decision on your behalf.
That is why working with a lawyer is so important as you are trying to divide your property. Often, we can help negotiate this division of property so you can avoid the arbitrary decisions of the courts. We also have strong relationships with some of the area’s best appraisers, so we can provide accurate valuations of your property, thus ensuring you get your fair share.
If you believe your spouse is concealing community assets, we are able to provide assistance. Our experienced legal team knows how to uncover these hidden assets through a range of investigative measures. Use our secure online form to set up your free consultation today.
Firm Credentials matter when hiring an Asset Division Lawyer in Phoenix
The Cantor Law Group focuses in divorce and asset division, and we understand that this process is complex. We know that you have specific desires and goals, including items of high value or that have sentimental importance that you simply must have at the end of the process. Our 70 years of combined experience ensures that you are able to meet your goals throughout the process. We can provide simple solutions to complex issues, such as the need to retain a specific asset of particular worth. This can be accomplished through paying your spouse half of the item’s value, or giving up an equally valuable item to which you are less attached.
The division of your assets is important, and it is not something to leave to amateurs. We have been named members of Arizona’s Finest Lawyers® and are listed in the bar Register of Pre-Eminent Lawyers®. If these sound like the credentials you want on your side when you face the task of separating your assets, then call us to schedule your free initial consultation. We will sit down with you face to face and explain exactly how we can assist you. With our help, you can dissolve your marriage with all of the assets and items you desire.