Avondale Property Division

Avondale Property Division

An Avondale property division attorney can help you to understand your rights when involved in property division during the no-fault divorce process in Maricopa county, Arizona. The Enholm Law, PLLC Avondale property division attorney appointed to your case will meet with you, in Avondale, to go over any specific issues with your case. This could include any prenuptial agreements between prospective spouses made when contemplating marriage and currently effective on marriage.

I am always asked during the initial free consultation, “what will happen to the property and debt from the marriage?”. I tell my clients that Arizona has established itself as a community property state. Joint property, and joint debt, will be divided equitably between the two spouses. Maricopa Superior Court is required, by law, to insure the fair division of any community property. I also tell my clients that “fair” is not necessarily “equal”.

Types Of Property

Arizona Revised Statute (ARS) 25-201 defines property as an interest, legal or equitable, vested or contingent, present or future, in real or personal property. This also includes all income and earnings. Arizona defines two types of property, community and separate. Your Avondale property division attorney can help you to determine community from separate property as it applies of your marriage.

Community Property

Community property has been defined under ARS 25-211. Community Property includes all assets and property accumulated during the marriage. Community property is divided, in an equitable manner, between the spouses. This is due to the fact that both parties have an undivided half interest as it applies to the community. Marital property, subject to division in a divorce, is known as community property.

Separate Property

Separate property is not considered to be a part of the marital estate. This means that it will not be subject to division. This type of property is covered under ARS 25-213. Usually, any asset gained prior to the marriage will remain separate property during a divorce.

How Property Is Divided

Equitable distribution is the model the Arizona Superior Court works uses. Each spouse is treated to the right of having contributed unique things the marriage. Because of this, and to be fair to each party, an equal split of property and debt is not always the outcome. Courts handle each case individually and for this reason, consulting with an Avondale property division Laywer is your best possible option. The following factors are examined by the court when determining property distribution:

  • Prenuptial agreements
  • Non-marital property
  • Length of marriage
  • Value of non-income based marital contributions
  • Income and earning power of each spouse
  • Age and health of each spouse
  • Economic and non-economic fault

Working with An Avondale Property Division Attorney

Your first interaction with an Enholm Law, PLLC Avondale property division attorney is going to be a free consultation. During your initial free consultation, you and your attorney will devise a strategy plan to move forward. This is a time set aside for you to review the important facts and legal issues of your case. You will also discuss any and all documents that have been drafted and any evidence that has been compiled. During this initial meeting, your Avondale property division attorney advise you on areas of risk and areas of strength in your case.

What to expect from Enholm Law, PLLC

At Enholm Law, PLLC, we take our clients seriously and realize that you are turning to us to help protect your rights and interests during this process. Any involvement with the law can be a stressful, emotional time and our staff is here to provide you the legal and personal support you need at this time. We insure that every client receives the following treatment.

  • Bi-weekly calls concerning the status of your case.
  • All of your calls will be returned within 24 hours.
  • A clear fee structure based on an hourly or flat fee model.
  • A comprehensive plan that everyone understands.
  • A high level of competency from our Attorneys.
  • Ongoing training for all of our legal staff on the most recent laws and statutes surrounding your case.
  • Meetings arranged in the Avondale area for your convenience.

Call (602) 889-6273 to schedule your first free consultation meeting with an Enholm Law, PLLC Avondale property division attorney today.

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