If you’ve decided to end your marriage, it’s natural to wonder how the court will divide your property. Unlike most states, which divide assets according to the principle of equitable distribution, Arizona takes a different approach. Review this guide to learn more about the state’s divorce laws so that you know what to expect during the process.

Understanding Community Property Rules 

In community property states, divorcing couples are required to split equally all the assets they acquired while married and living in the state in question. Examples include real estate, income, savings, investment accounts, and personal property purchased with community money. Marital debts must be accounted for and subtracted from the total assets so that they’re also distributed equally. 

Assets that aren't subject to a 50/50 split in a community property state like Arizona include property acquired by either spouse before the marriage or after the legal separation. Inheritances and gifts that one spouse received during the marriage are also exempt. 

Devising a Satisfactory Agreement 

While the court will have the final say in how you divide the marital property, that doesn’t necessarily mean you don’t have any control over the proceedings. If you and your spouse are willing to cooperate, you can devise an agreement that takes the state’s community property laws into account. 

If the terms divide applicable assets and debts in a 50/50 split and are deemed relatively reasonable, the judge will likely sign off on the agreement. However, if negotiations are too contentious to be productive, you’ll have to proceed to court, where a judge will divide the property for you. 

If you’re facing divorce, turn to Law Offices of Lenkowsky & Fontenot for help navigating the proceedings. Located in Bullhead City, AZ, this firm was founded in 1985 and has counseled individuals, families, and businesses ever since. When handling divorce law, their strategic team is well-versed in asset division, alimony, parenting time, and domestic violence. They also practice personal injury law, civil litigation, real estate law, and business law. To schedule your first meeting with a seasoned divorce law attorney, reach out on their website or call (928) 758-4815.