Jury Trial For Divorce In Phoenix
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FAQ
While some divorces in Arizona could result in a 50/50 split of assets, each case is different and will have its own unique outcome. What is a wife entitled to in a divorce in Arizona? In Arizona, all marital property is usually divided equally during a divorce.
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.
Arizona is a community property state, which is often referred to as a “50/50” divorce. However, not every community property state divides assets equally. While some divorces in Arizona could result in a 50/50 split of assets, each case is different and will have its own unique outcome.
It is possible to get a divorce without going to court, especially in cases where both parties mutually agree to the divorce and its terms. This process is often referred to as an ``uncontested divorce'' or ``amicable divorce.'' Here are the key steps and considerations:
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.
Ultimately, both spouses make the decision about who gets the house. Otherwise, a judge will make that decision for them. In short, the wife is entitled to the same types of assets and debts as the husband. Arizona's community property laws make no preference when it comes to gender.
Consent Decree of Dissolution of Marriage This is known as a Consent Decree. If both parties sign the required documents and attend a mandatory Parent Education class if children are involved, the court can legally end the marriage without the need for a court trial.
There's no Federal constitutional right to a jury trial in family law cases. The jury trial guarantees in the Bill of Rights apply only to civil ``actions at law''; at the time of the Bill of Rights, divorces were ``actions in equity'', and do not fall within the right to jury trial.