Tag Archives: marriage

Divorce: Under Family Law Who Gets What?

divorceWhen two people divorce, dividing up the community property can become a very touchy issue. Everything that’s owned together in the marriage is considered community property. This includes any money that’s earned by either of them from the beginning date of the marriage regardless of whose account it is in. Also, it can include any property jointly owned that was bought with “community” money such as the home.

Too, the debts incurred together throughout the marriage until the separation date are community debts. This means that each spouse is liable for these kinds of debts such as the home mortgage, joint car loans and joint credit cards; for example. In this line then, it’s very important to close bank accounts to avoid cash issues; any joint accounts and joint credit cards as soon as filing for divorce has been decided upon. Also, just removing the names from the joint accounts doesn’t relieve a spouse from liability either.

However, property which is separately owned is another issue entirely. Anything which is owned separately by a spouse belongs to the spouse whose name it’s in. This would cover any property or belongings which were owned before the marriage. Also, if there was an inheritance or a gift received during the marriage, it belongs to the person it was presented to. Keep in mind too; any monies earned after the date of separation belong to the spouse who earned it.

Sometimes community property can get mixed in with separate property though, and a family law attorney is needed to straighten out the legalities. As an example, a car’s down payment may be made with community money, but the car is owned by only one spouse. Too, if a debt was acquired before the marriage by one spouse, then that debt belongs to that person in the divorce.

Now when there’s no intention on either party’s side to stay together as a husband and wife, then that date is the date of “separation.” This is important because it’s that date that’s used to determine the end of the community property. Proof of moving out of the home or another form of proof may be asked by the court to affirm the final breakup of the marriage though.

In the end, to make sure that assets are divided fairly, it’s always best to have an attorney to help with the legal issues.

Is Common Law Marriage Recognized in Arizona?

Common law marriage is a well-known type of partnership that is recognized in many states. It means that a couple lives together for an extended period of time and represents themselves to the public as being married. However, the couple never goes through a formal ceremony or procures a marriage license. Most people consider it an informal type of marriage.

common-law-coupleOften, common law marriages are described as domestic partnerships. The couple may create a legal agreement that covers issues such as asset management, obligations and other issues. However, it’s important to understand your state’s family laws when it comes to common law marriage. The family law courts in Arizona do not recognize common law marriages that are established in that state.

The only time common law marriage is recognized in Arizona is when the marriage is recognized as legal in the state in which it was established. If you are moving to Arizona and have questions about establishing common law marriage in Arizona, you should consult a family law attorney for assistance with your situation. The attorney can help you understand Arizona law and how it will affect your situation.

There are some exceptions to common law marriage laws in Arizona that apply to Navajo tribe members. The Navajo Tribal Code allows members to establish a common law marriage. These types of marriages are legal under family laws in Arizona because it is recognized by the Navajo Nation. In order for the marriage to be recognized by Arizona, the couple must provide a marriage license that has been issued by the Navajo Nation of Vital Records. This license will prove that the common law marriage is valid.

There are a variety of forms and details that must be provided to the Arizona courts to prove that the common law marriage was considered valid in another state. It is a good idea to work with a knowledgeable family law attorney to ensure that you’ve filled out the appropriate forms and filed them with the right offices. There are several requirements that must be met so it’s important to ensure that all the facts are in order so that your common law marriage is considered valid.