Howard Snader | Estate Planning

Howard Snader |

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Firm Summary

Arizona is a community property state. Essentially, this means that assets and debts that the parties accumulate during the marriage belong equally to both spouses. However, Arizona law does not require the division of property in a divorce to be exactly equal. Instead, Arizona requires that property be equitably divided. The difference being that an equitable division of community property is substantially or approximately equal and fair.

Sometimes it is possible for the couple to decide how their property will be divided. In most cases, a family law judge will accept and respect the parties’ wishes when it comes to community property. A Phoenix community property lawyer will usually tell you that it is best for everyone if the parties can agree on how community property should be divided. However, for that to happen, it requires both parties and their Phoenix community property lawyers to be reasonable and understand that no one in a community property division negotiation gets everything they want. The alternative, if the parties cannot agree, is that a family law judge will decide how their community property will be divided.