Retain an experienced divorce attorney for your family law case.
It can be quite difficult trying to manage when you and your spouse are separated whether it was due to an indiscretion or other marital troubles so hiring a qualified family law divorce attorney is your best chance in getting whatever it is that you need to sustain a proper living. You may not have any savings, you’ve stayed home to raise your children, and you have no immediate way to earn a living to feed your family on your own.
Throughout our years studying law we’ve seen some very unfortunate cases where not hiring a divorce attorney or better yet a qualified attorney has dramatically decreased the ability to move on with your own life.
What about separate property prior to marriage? Separate property is an asset that the husband or wife may have owned prior to the marriage. It can be something that was purchased, inherited, additional income or interested from that separate property. In some situations, a spouse may “gift” a separate property asset which basically works to change the statues of the separate property asset into a community property asset. In some instances a legal argument can be made when one spouse places a separate property funds into a joint bank account.
Did you know that Arizona is a community property state when it comes to divorce? Other states like California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington & Wisconsin are also community property states. Community property is defined by the property accumulated during the marriage. The property becomes joint property even if it was originally acquired in the name of one partner. The basic idea is that the husband and wife acquire a one-half interest in the community property. Upon dissolution of the marriage, Arizona courts will typically divide the marital estate in a manner that is equal to both parties.
Arizona is not a common law states, but… the laws of partnership may apply to afford you a fair division. Depending on your specific situation, if you never actually got married in a ceremony, you may still have rights under the Partnership Law. We may be able to recover a fair and equitable division of the assets acquired while you were together.
If you are going through a separation, it may be best to speak to a qualified divorce and family law attorney to get the best advice for the next chapter of your life. Contact us today to schedule your consultation and learn more about what your rights are specific to family law.
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