what are customary settlement amounts in an arizona divorce

Full Answer

What are the divorce laws in the state of Arizona?

Arizona marriage and divorce laws are governed by the Arizona Revised Statutes and the Arizona Rules of Family Law Procedure. If you are considering a divorce in Arizona, it is important to know that Arizona is a no-fault state which means that you do not need to state a reason for a divorce.

How are assets split in a divorce in Arizona?

Although Arizona law will dictate that assets be divided equally among the divorcing spouses, this does not mean each spouse will receive a 50-50 split for each asset. Courts will look at the net asset value and distribute the marital property evenly. The goal is to have each spouse walk away with the same approximate net value.

How is child support determined in an Arizona divorce?

Even in a divorce, Arizona law requires that both parents contribute to the well-being and support of their minor children. The Arizona Supreme Court as adopted a set of guidelines that govern how child support will be determined.

How is spousal support calculated in an Arizona military divorce?

Per Arizona law, child and spousal support awards may not exceed 60% of a servicemember’s pay and allowances. The same guidelines and calculations that are used for non-military divorces are also used when a servicemember is involved.

How is money split in a divorce in Arizona?

Under Arizona's community property laws, all assets and debts a couple acquires during marriage belong equally to both spouses. Unlike some community property states, Arizona does not require the division of marital property in divorce to be exactly equal, but it must be fair and will usually be approximately equal.

Is Arizona a 50 50 state in a divorce?

Each former spouse begins life after divorce with all his or her separate property and half what they once owned together. 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.

What is a wife entitled to in a divorce in Arizona?

Generally, it is the wife that files for divorce in Arizona so she will be entitled to half of all community property and earnings during the marriage unless she can prove otherwise. Our advice is not contesting a wife's entitlement to more than 50%, but trying to settle out of court by negotiating with her attorney.

How is settlement determined in a divorce?

As well as looking at actual earnings, the Court will also assess the parties' future potential earnings. The Court will take a realistic approach when calculating the settlement and will take account of the individual's skills, time out of work, age and the possibility and cost of retraining and the job market.

Can my wife take my retirement in a divorce?

Under the law in most states, retirement plan assets earned during a marriage are considered to be marital property that can and should be divided. It's therefore advisable for couples to make these assets part of their property settlement agreement negotiations and their divorce decree.

Who pays for a divorce in AZ?

The Arizona divorce laws permit the Court to order one spouse to pay some or all of the other spouse's attorney fees and costs. Although there are many different statutes that provide the court with this authority, the most cited statute is A.R.S. 24-324.

Who qualifies for alimony in Arizona?

A spouse may be eligible for spousal maintenance if they (1) were married for a long time and (2) are too old to be expected to work. Under this factor, both the length of the marriage and the age of the spouse seeking spousal maintenance must apply to be eligible for an award of spousal maintenance.

How long do you have to be married in AZ to get alimony?

How Long Do You Have to be Married for Spousal Maintenance? Arizona does not have a minimum amount of time that people have to be married to get spousal maintenance (alimony). However, the length of the marriage is one of the factors that judges take into account when making spousal maintenance decisions.

Does it matter who files for divorce first in AZ?

If you are thinking about divorce, you may wonder, “Does it matter who files for divorce first in Arizona?” Legally, the answer is no. Whether you file first will not make any difference regarding any of the legal elements of your divorce.

What is fair during a divorce?

A financial divorce settlement is an agreement between you and your ex on how to separate your money and assets once the marriage is over. You can draw one up at any point during divorce proceedings or civil partnership dissolution.

What is the normal split of assets in a divorce?

Having considered the Section 25 factors, the Court may order an unequal division of the assets. The general rule is that assets should be divided equally unless there is a good reason to the contrary. First and foremost, the Court will always look to meet the needs of each party to be accommodated.

How do courts decide financial settlement?

When making a financial settlement order, the court must consider not only each parties' current income, assets, and financial resources but their future earning capacity. The significance and weight given to income and earning capacity may vary depending on age and circumstances.

Does it matter who files for divorce first in AZ?

If you are thinking about divorce, you may wonder, “Does it matter who files for divorce first in Arizona?” Legally, the answer is no. Whether you file first will not make any difference regarding any of the legal elements of your divorce.

Is Arizona an alimony state?

Arizona is considered a rehabilitate state when it comes to alimony. This means that the purpose of spousal maintenance is to help your spouse get back on their feet and become self-sufficient.

How do divorces work in Arizona?

How do I file for divorce in Arizona? To initiate a divorce in Arizona, a spouse files a “Petition for Dissolution of Marriage” with the clerk of the Superior Court and pays the requisite filing fee. The other spouse must be served with a copy of the petition and summons.

How is alimony calculated in Arizona?

The formula provided the alimony award should be between 30% to 50% of the length of the marriage. There are many factors affecting whether the duration should be closer to 30% or 50% of the length of the marriage. This formula for calculating spousal maintenance is very simplistic.

Is an Annulment the Same thing as Divorce?

No. An annulment is not the same thing as a divorce. Many of the same issues in a divorce must be hashed out in an annulment, including custody and...

What is a covenant marriage?

In contrast to a standard marriage, a covenant marriage has additional requirements and formalities. The marriage license reflects the couple’s cov...

How do I file for divorce in Arizona?

To initiate a divorce in Arizona, a spouse files a “Petition for Dissolution of Marriage” with the clerk of the Superior Court and pays the requisi...

How long must I live in Arizona to file for divorce here?

At the time the action is commenced, one of the parties must have been domiciled, or resided, in Arizona for at least 90 days. If one of the spouse...

Why does the court need jurisdiction to hear my case?

Before a court can render a decision, it must have the power and authority over the subject matter (the divorce), over both parties (the spouses),...

Where is a petition for dissolution of marriage filed?

To get a divorce, a petition for dissolution of marriage is filed with the Superior Court in the county where the petitioner or the respondent resi...

Can I make my spouse pay for my divorce attorney?

Sometimes, yes. In some instances, the court has discretion over whether to award attorneys’ fees against a party. In other instances, the court sh...

Are my divorce attorney’s fees tax deductible?

Unless you fall into a very narrow exception in Internal Revenue Code § 212, then generally the answer is no. IRC § 212 only allows a tax deduction...

What is a contested divorce?

When a divorcing couple agrees to a settlement, in writing, on all of the issues — spousal maintenance (alimony), asset and debt division, child cu...

Am I required to hire an attorney for my divorce?

No. Although it may be prudent to have an attorney involved early on in your case, it is not a legal requirement. Parties who represent themselves...

Is spousal maintenance taxable income?

Another area deserving of attention when settling your divorce related to the payment of spousal maintenance. Spousal maintenance was tax deductible to the person paying spousal maintenance and was taxable income to the person receiving spousal maintenance for orders entered before the end of 2018.

Is child support taxable in Arizona?

Child support has never been taxable in Arizona. The new law applying to the tax effect of an alimony award, likewise, has no effect on the fact that child support is neither tax deductible by the person paying child support or taxable income to the parent receiving the child support.

How does the Arizona divorce process work?

First, the court will award all separate property and then move on to the community property assets and debts. There may be situations in which the court deviates from the standard split due to one spouse’s marital misconduct or fault. Arizona is a no-fault divorce state, so the courts may only deviate if there has been economic misconduct. Economic misconduct would be where one spouse wastes community funds through dissipation. This can include behavior like gambling away all the money in the joint bank account.

What are the most common arguments in a divorce?

One of the areas that often causes the most arguments in a divorce is how to divide property. However, Arizona is only one of a handful of states that is a community property state.

What does it mean when spouses share marital assets equally?

What that means is that spouses generally share marital assets equally. Other states follow the theory of equitable distribution, which means that assets are divided in a manner that is fair and equitable to both sides, but it does not necessarily mean those assets are split down the middle. At Arizona Statewide Paralegal, we have decades ...

What is a QDRO in Arizona?

If one spouse is enrolled in a private pension plan, the other spouse can attempt to establish a legal right to the proceeds by filing what is known as a Qualified Domestic Relations Order (QDRO). This involves ERISA laws, which stands for Employee Retirement Income Security Act. ERISA places requirements on what a valid QDRO is, whereas the divorce proceeding itself takes place in a standard Arizona state court and is governed by local state laws.

What is the first step in property division?

When the court is looking to make a decision on property division, there are four essential steps they perform. The first is identification. In order to know how to divide assets, it is important to identify what they are to start with. Taking inventory means itemizing everything that could be divided in a divorce — everything from the house to smaller items like outdoor furniture for your pool area.

How does separate property become community property?

Separate property can become community property through a process known as commingling . This means the property is mixed together or combined during the course of the marriage. Depending on the circumstances, potentially a portion or all of the asset will now be considered community property. If you purchased something with a combination of community and separate funds, then the asset would be partially community property and partially separate.

What happens to a business purchased by one spouse?

In some cases, a business that is owned by one spouse prior to the marriage will remain separate property.

How do I file for divorce in Arizona?

To initiate a divorce in Arizona, a spouse files a “ Petition for Dissolution of Marriage ” with the clerk of the Superior Court and pays the requisite filing fee. The other spouse must be served with a copy of the petition and summons. He or she has 20 days from the date of service to file a written response with the court (30 days if service is out-of-state). The other spouse may waive service by signing and having notarized an “Acceptance of Service.” The petition and response make up the initial family court pleadings.

When can I file for Divorce in Arizona? How long must I live in state to file for divorce here?

To file for divorce in Arizona, either you or your spouse must have lived here for at least 90-days. If one of the spouses is in the armed forces and stationed in Arizona, and that is the basis for Arizona jurisdiction, then the military presence must have been maintained for 90 days before the petition is filed.

How Do I Find The Best Family Law Attorney in Arizona?

To find the best family law attorney, begin by gathering information about the lawyers in your area and asking questions. Ask the people you trust and respect for leads to local Arizona divorce attorneys, or leads to other people who may have attorney recommendations. Talk to your relatives, your friends and neighbors, your co-workers, and even your business contacts about their attorneys and about attorneys who have represented people that they know. Clergy and mental health professionals who provide marriage counseling or couples crisis counseling are often good sources of information on the local family law bar.

Where is a petition for dissolution of marriage filed?

To get a divorce, a petition for dissolution of marriage is filed with the Superior Court in the county where the petitioner or the respondent resides. Unless a fee waiver is obtained, a filing fee must be paid to the Clerk of the Superior Court as well.

Can I make my spouse pay for my divorce attorney?

Sometimes, yes. In some instances, the court has discretion over whether to award attorneys’ fees against a party. In other instances, the court shall award attorneys’ fees against a party, as when a petition wasn’t filed in good faith or wasn’t grounded in fact or law. Fees are more likely to be awarded if a petition was filed for some improper purpose, such as to delay or simply increase the cost of litigation, if a party maintains an unreasonable position, or there is a great disparity in the parties’ incomes.

What is a contested divorce?

Conversely, when a couple can’t agree on any of the basic issues , then a contested divorce exists. When a divorce is contested, the parties proceed through all phases of litigation, including a trial before a family court judge.

Is mediation available to help us resolve issues in our divorce?

Yes. You may be familiar with mediation as a form of alternative dispute resolution (ADR) — a forum for settling disputed issues in the family law case before a trial. In Arizona, couples with children often participate in the Conciliation Services’ court mediation program. Private mediation is also available for all couples and for any disputed issue.

What happens if one party challenges a marital settlement agreement?

If one of the parties later wishes to challenge the agreement, t he agreement will be presumed to be binding and the party attacking the agreement has the burden of challenging the marital settlement agreement.

What is Rule 69 in Arizona?

Rule 69 of the Arizona Rules of Family Law Procedure allow parties to submit a settlement agreement to resolve their case. The Arizona Supreme Court in the case of Wick v. Wick held a judge is not required to accept a property settlement agreement signed by both parties.

What is the court required to do in a divorce?

The court is required to make sure the terms of the marital settlement agreement pertaining to the division of the parties’ assets and debts are fair and equitable and that the provisions pertaining to child custody and child support are in the best interests of the children.

What is the rule for binding agreements?

To form a binding agreement, Rule 69 requires the agreement to be in writing, or the agreement is stated in court and the terms of the agreement are recorded, or the agreement is recorded by a Judge Pro Tem during court-ordered mediation.

Can a merger be incorporated into a decree?

Whether you want the agreement to merge into the Decree or not is complicated and based on the unique factors in your case. You can read more detailed information on “ merger ” and “ incorporation by reference ” by reading our synopsis of the Arizona Court of Appeals decision in the case of LaPrade v. LaPrade.

Does the Arizona Supreme Court have to accept a settlement agreement?

The Arizona Supreme Court in the case of Wick v. Wick held a judge is not required to accept a property settlement agreement signed by both parties.

Can a divorce be settled in Arizona?

Some people may ask the question can parties to a divorce settle their case with a marital settlement agreement in Arizona. The Arizona Supreme Court enacted the Arizona Rules of Family Law Procedure. Rule 69 of the Arizona Rules of Family Law Procedure allow parties to submit a settlement agreement to resolve their case.

Who determines alimony in Arizona?

Calculation of alimony is generally done on a case-by-case basis by the Arizona family court judge who is responsible for the case. While some states have a fixed alimony calculation formula, in most cases the final amount and duration of alimony awarded (if alimony is awarded) is at the discretion of the judge.

How long does alimony last in Arizona?

Alimony length is usually based on length of marriage - one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge). Alimony may also be discontinued upon the remarriage or cohabitation of the receiving spouse. In some cases, judges may even award permanent alimony.

How is alimony awarded?

Alimony shall be awarded in an amount and a length of time that the court judges to be fair, without taking into consideration marital misconduct, after taking into consideration all relevant factors. Factors that the court takes into consideration include the standard of living established during the relationship and marriage, the duration of the marriage, and the age, employment, and earning ability, which includes physical and emotional condition, of the spouse seeking assistance. The reverse is true of the spouse from whom assistance is being sought; their ability to maintain their living standards while making payments is also taken into considerations with the above specifications. Also, both spouses financial resources and abilities are compared when considering all other requirements. Any contribution the spouse seeking assistance has made to the other spouse’s earning ability while married is heavily considered, such as if the spouse seeking alimony had stayed home to care for their children while the other worked.

What is alimony in divorce?

Alimony, also known as spousal support, is a court-ordered provision of financial support a spouse for after a divorce. Alimony laws vary considerably from state to state, and courts often have significant flexibility on a case-by-case basis in determing whether to award alimony, how much alimony to award, and how long alimony payments will ...

What is standard of living in Arizona?

Standard of living is considered when calculating alimony payments in the state of Arizona. This means that a judge will consider the lifestyle enjoyed by the alimony-receiving spouse during the duration of the marriage when determining an appropriate alimony payment amount.

What factors are considered when determining the standard of living of a spouse?

Factors that the court takes into consideration include the standard of living established during the relationship and marriage, the duration of the marriage, and the age, employment, and earning ability, which includes physical and emotional condition, of the spouse seeking assistance.

When a marriage ends, is alimony expected to be paid?

When a marriage ends through divorce and alimony is expected to be paid, spouses have the choice to determine an alimony agreement either through litigation (in Arizona family court) or through mutual agreement.

Why was the marital assets split 60/40?

The marital assets were split 60/40 in Lance’s favor because the judge felt that Lance, being the lower income earner and caretaker of their children should continue to live the standard of living he and his children had become accustomed to.

How long does Joan have to pay spousal support?

Divorce Settlement: The marital assets are split 50/50 and Joan is ordered to pay Mark rehabilitative spousal support for a term of five years. The long-term marriage established a lifestyle that both Mark and Joan had become accustomed to.

Why did Mark's standard of living decrease after a divorce?

Mark's standard of living will decrease once there is a divorce due to the fact that he makes less than Joan. The two went to mediation and Joan chose to pay temporary spousal support that is deductible at tax time rather than splitting assets in John’s favor.

What does equal mean in divorce?

When negotiating a divorce settlement it's imperative that you understand that "equal" doesn't mean a 50/50 split. Equal means what is fair to both parties involved. You won't get everything you believe you are entitled to and, you will need to be able to compromise for the sake of all involved.

Can a divorce be split 50/50?

That is not the case in this divorce scenario. It only makes sense that assets be split 50/50 and both spouses move on and rebuild their lives.

Does Jim and Claire have custody?

Divorce Settlement: Jim and Claire will share joint legal custody with residential custody awarded to Claire. Jim pays child support according to state guidelines which are based on the income shares method.

Will you come to a fair resolution at the end of your marriage?

In the hope of helping those who are in the dark about what is and isn’t fair, here is a collection of examples of different scenarios and what we believe to be fair divorce settlements .

What are the most valuable assets in divorce?

Retirement accounts are often the most valuable—and least understood—assets in a divorce. There are many different types of retirement accounts , including 401 (k) plans, pensions, deferred compensation plans, IRAs, and profit-sharing plans.

What are the Tax Consequences of Dividing a Retirement Account?

When done correctly, there are no tax consequences for dividing a retirement account at the time of divorce. It is even possible to withdraw funds from certain kinds of retirement accounts at the time of divorce without incurring an early withdrawal penalty. Income tax would still apply to such withdrawals.

What Happens if the Employee Dies Before Benefits are Paid to the Non-Employee Spouse?

Most—but not all—retirement accounts include some kind of death benefit. It is imperative that this benefit is addressed in the order dividing the retirement account.

How to contact Phoenix family law?

For answers to your questions, Contact one of our experienced Phoenix family law attorneys today. Call us at 602-258-1000 or toll free at 888-929-5292.

Why do divorced couples exchange property?

Divorcing couples often exchange property as a way to minimize the possibility that either may have to make a cash payment to the other. Further mathematical calculations are needed in this scenario to account for the fact that the funds in a defined contribution plan are almost always tax-deferred.

Who should prepare domestic relations orders?

This is the most important step in the process. Domestic Relations Orders are highly technical and should only be prepared by an attorney who is knowledgeable in how to draft these kinds of orders.

What does the court look for in a divorce?

Where a couple decide to divorce via judicial customary divorce, the Courts will due usually look at how long the marriage was i.e. du ration, how the couple conducted themselves during the marriage (LOL) and the sexes of the children born of the marriage.

When can we say a customary law marriage has failed?

So, when can we say a customary law marriage has failed? The answer is very simple – when any of the parties to the marriage usually the husband (yep, an unfair rule of thumb) is fed up with the marriage for whatever reason imaginable.

What is the name of the child of the deceased husband?

This is often described as “Ghost marriage”. In some parts of Igbo land, such a child may be named, “Azunna”. (ii) She may choose to remarry a member of her late husband’s family, except her own son.

Can you return the bride price?

Once, the bride price is returned by either the father of the bride or any member of the bride’s family, a customary law marriage is considered dissolved. Please note that the Court must make an order asking the Bride’s family to refund the bride price and ...

When is a marriage dissolved?

The above are instances where the Courts have ruled that the marriages be dissolved. In the case of non-judicial divorce, a customary law marriage will be considered dissolved when the bride price is returned or refunded to the husband. Returning the bride price is very critical in the customary divorce procedure.

Is customary law divorce a defect?

The above is one of the major defects of a Customary law divorce, to cure this defect (the defect of someone waking up one morning and deciding he is no interested), some States in Nigeria have codified (arrange laws in a system for people to follow) the grounds for dissolving a Marriage under Customary Law

Is there a reason for dissolution of a customary marriage?

Grounds for Dissolution of Customary Marriages: Like we discussed earlier, dissolution of customary marriage whether judicial or non-judicial generally does not require any reason to be given by the party seeking dissolution. Therefore, a lot depends on the superior native custom and practice of the area in question as there is no uniformity in native laws/customs and practice.

Divorce Laws in Arizona

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Support Issues

• Alimony (Spousal Maintenance) in Arizona
  In Arizona, alimony is called spousal maintenance. There are two types of spousal maintenance, temporary spousal maintenance (or pendente lite) and permanent spousal maintenance. Temporary spousal maintenanceis paid while a divorce is still in progress. Permanent spousal …
• Child Support in Arizona
  Even in a divorce, Arizona law requires that both parents contribute to the well-being and support of their minor children. The Arizona Supreme Court as adopted a set of guidelinesthat govern how child support will be determined. This includes a formula for calculating the amount of support t…

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