Why Can’t Divorcing Spouses Just Divide Community Assets Equally?
“Justice?—You get justice in the next world, in this world, you have the law.”
—William Gaddis, A Frolic of His Own
Married couples typically take an all-for-one and one-for-all approach when acquiring assets. After all, they are in partnership and building a future for better or for worse. Although there are limited exceptions—for example, in the case of separate property or gift—Arizona considers all the labor, eﬀort, and earnings during marriage to be community property.
For the most part, community property must be divided equally. That’s the law. But making the cut can be a messy process. Read more
This article is inspired and sourced from Kathleen McCarthy’s September 2016 Brief Encounters article, as published in Tucson’s Desert Leaf magazine.
This post is intended to highlight just certain portions of the Arizona Rules of Family Law Procedure. It is not intended to substitute for professional legal advice on your specific case. The McCarthy Law Firm is a family law firm; however please check with your personal family law attorney for advice specific to your case. Or you can contact our office to speak to one of our family law attorneys to discuss how these rules may impact your specific case.