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The Answers You Need About Property Division

The process of divorce is quite complex, especially when it comes to asset and property division. Whether you are considering a divorce, are in the middle of one or have already received a decision, you probably have a number of questions.

At Duenas Eden P.L.C., we are here to provide answers. With nearly four decades of combined experience, we assist clients throughout the East Valley area with a spectrum of divorce-related matters. Here, we have taken the time to answer some of the questions we frequently hear about property and asset division.

How do Arizona courts determine property division arrangements?

Arizona is a community property state. Under community property law, all assets and debts that a couple acquire after a marriage are subject to division. Most property decision arrangements are not completely 50-50, but they must be as equal as possible.

Are any assets exempt from property division?

In a divorce, spouses can keep their separate property. This includes inheritances, gifts, property owned before the marriage and anything covered by a valid prenuptial agreement. Determining whether certain assets are community or separate property is often a contentious issue that requires an attorney.

How does the court divide retirement plans?

If you or your spouse has retirement benefits, you must request a qualified domestic relations order (QDRO). This is a court order that pertains to retirement plans, specifically. In Arizona, benefits earned before the marriage are separate property, while benefits earned after the marriage are community property.

Can I appeal a divorce judgment?

After the court finalizes your divorce, you do have the chance to file an appeal within 30 days of the initial judgment. The Court of Appeals does not reverse very many decisions. However, it may be an option if you believe that the trial court judge’s ruling was incorrect.

Do You Have More Questions? We Have More Answers.

You can reach out to us at Duenas Eden P.L.C. to speak with our attorneys and receive their advice. We can provide answers to your many other questions so that you know what to expect from your divorce. To reach us in Phoenix, call 480-637-0668 or send us an email.