Erisa Law And Divorce In Phoenix
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FAQ
In Arizona, a divorce is called a Dissolution of Marriage and requires a 60-day waiting period from the date of proceedings. The complexity and duration of the divorce process depend on factors such as marriage duration, presence of children, and property or debt division.
In a legal separation, you stay married but the court divides your property and debts and makes orders about financial support. If you have children together, you can also ask for orders about their care and support. You can ask the judge to make orders about: The division of your property.
Even though Arizona does not require a separation period before a couple can divorce, the state still has a waiting period. A couple must wait at least 60 days after filing the divorce petition before the court can finalize the divorce by issuing a divorce decree.
How long do you have to be separated before divorce in AZ? No, Arizona does not require spouses to separate before filing for divorce (dissolution of marriage). However, there is a waiting period of at least 60 days before the divorce can be finalized after filing and serving your spouse.
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.
With a legal separation, the marriage remains intact, but every other issue is decided just as if they divorced. This type of separation is officially recognized when the judge makes a ruling on the division of property, spousal maintenance, child custody, and child support.
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.
