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There are numerous reasons on why a couple decides to get a divorce, but when it comes to the dividing of property, there are really only two methods that are generally used: the community property method and the equitable distribution method. Almost all states use the equitable distribution method to divide property but some states including Arizona rely on the community property method. The idea of the community property method is that all of the property the spouses own is divided equally whereas the idea of equitable distribution states that the couple’s property is divided equitably or fairly.
Community property states have an equal division method unless it is determined that it would be inequitable to handle the division in this manner, something that would be decided by the judge presiding over the case. Three states adhere to the community property method in a very strict fashion stating that it would never be inequitable to handle it in this manner and they are California, Louisiana and New Mexico. This differs from equitable distribution states as the judge will almost always begin the process under the assumption that the property will be divided equally unless they believe you or your lawyer make a good argument on why doing so would be unfair or inequitable to do so whereas in that scenario the judge could depart from that assumption. Basically, unless you are living in one of the three states listed above a judge always has a say on whether this process is fair to use or not.
A divorce can be an extremely stressful situation that can be made even worse if you do so without an experienced attorney like Scottsdale Divorce Attorney Karen Schoenau who has a long history of getting her clients the compensation they deserve on your side. Call us or use the contact from on this page to schedule your initial case evaluation today.
From her offices based on Scottsdale, Attorney Karen Schoenau represents clients throughout the metropolitan Scottsdale area, including in Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, Gila County and throughout the state of Arizona.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.