Arizona Divorce Law: Your Property and Children

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It is not easy to go through a divorce. There are various legal complications that are involved apart from the emotional turmoil that a person goes through. To avoid further complications, before filing a divorce one must be aware of the divorce laws of his/her state. This is because every state has different law for divorce and to file a divorce you must abide by these laws. So if you are staying in the state of Arizona, you must be aware of the following grounds for filing the divorce.

Child custody

During a divorce if kids are involved then the question of child custody arises. If the couple mutually decides and agrees to take care of their children, then the court does not interfere. But if couples fight for the custody of their child or children, then the law of Arizona takes various issues into consideration. Some of these issues are discussed below.
  • The court will consider the wishes of the child, i.e., if the child is old enough, the judge will ask the child whether he/she is comfortable to stay with his/her mother or father. The wishes of the parents are also taken into consideration in this regard.
  • The relation of the child with the parent and with the siblings is also taken into consideration. The court will observe this and will ask the child and his/her family regarding the same. 
  • The court will also consider, which parent will maintain a good relation between the child and the other parent. The parent who fits well in the court's criteria will be given the custody of the child.
  • The court will also see whether the parent had any history of crime or drugs. If a parent had any such history in the past, the duration of the occurrence of such an event will be taken into consideration.

If you have any doubt regarding the custody of your child, then you must take the help of an experienced divorce lawyer. People spend a lot for hiring the best divorce lawyers as they want to win the custody of their child but it is only possible when the court approves for the same.

Property Distribution in Arizona

In Arizona the property is divided equally especially if it is a marital property. Any property that is acquired during the duration of marriage will be considered as community property with the exception of the following situations.
  • If the property given to one of the spouse was a gift, then the court will ask to produce the details of the same to the divorce attorney of the defendant party
  • If the property is acquired through inheritance then the relevant papers must be produced in the court
  • If the property is acquired before marriage or after the dissolution of marriage, then it must be proved in the court

To avoid the complications of legal issues in divorce, it is recommended to take the help of divorce lawyers rather than representing oneself in the court. 
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