Divorce Without Alimony In Arizona
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FAQ
A prenuptial or postnuptial agreement can prevent many alimony disputes. Such marital agreements allow couples to agree beforehand on whether spousal support would be awarded in the event of a divorce. California's Family Code 1612 states that couples can agree to waive spousal support in a prenup or postnup.
The spousal maintenance statute in Arizona was amended, and as a result, the Supreme Court developed the new guidelines. The main change is that spousal maintenance awards should only be granted for a period of time and in an amount necessary for the receiving spouse to become self-sufficient.
Prenuptial or postnuptial agreement — Engaged couples can execute a prenuptial agreement that eliminates the possibility of spousal maintenance. This is common for two-career couples. Married couples can draft a post marital agreement for the same purpose.
Judges are given broad discretion in whether to order Spousal Maintenance. It is not guaranteed. Further, the Arizona Supreme Court is directed to establish guidelines based on different factors that are outlined in A.R.S. § 25-319 that will determine whether a spouse in eligible to receive maintenance.
Unlike some states, Arizona doesn't impose a minimum marriage duration for awarding spousal maintenance. Theoretically, even a marriage that lasted less than a year could result in alimony. However, the marriage's duration significantly impacts the length of time for which maintenance may be awarded.
The quickest way to get a divorce in Arizona is for the parties to first file for divorce in Arizona and agree on all of the terms of their divorce. You or your attorney will draft the proper settlement documents and submit those documents to the court.
In Arizona divorce laws, Community property includes both assets and debts. No matter the size of the marital estate – grand or modest – divorce and legal separation require distributing furniture, bank accounts, and real estate right along with home mortgages, car loans, and medical bills.
Arizona is a “No Fault” divorce state, also known as a “Community Property” state. What this boils down to is, if the parties can't come to an agreement to split the assets and liabilities, the court will split it right down the middle to 50–50. W...
Arizona is a 50/50 property law state when it comes to divorce. Community property division must be equitable, but seldom will shares be absolutely equal. In part, this is because the family law judge has considerable discretion over property awards.
Typically, a wife is entitled to half of the community property, potential spousal support, and any personal assets obtained before marriage or received as gifts.
