Divorce in Arizona : Property Distribution. However, certain categories of property are considered each spouse’s separate property and exempted from this rule, including inheritances, gifts, and property acquired after the divorce process has begun. The table below outlines some of the most important provisions of Arizona law as it pertains to divorce. Arizona is a "Community Property" state. While laws used to require proof that one of the spouses was at fault, all states now allow "no fault" divorce. For post-divorce alimony, the judge will order an amount and duration that's fair and reasonable under the circumstances. Arizona’s Divorce Laws. Property subject to division upon divorce includes real estate, bank account funds, personal property and retirement accounts such as a 401(k). Community property is all property that was acquired during the marriage. Because Arizona is a community property state, family law courts generally distribute marital assets equally among spouses upon divorce. The law says that personal and real property owned by a spouse prior to the marriage is the separate property of that spouse. The statutes also define what is considered separate property in Arizona. Mediators at The Aurit Center for Divorce Mediation are happy to explain the Arizona divorce process, answer questions regarding Arizona community property law, and explain the various options available to divorcing spouses in Arizona. The amount of time that takes to get a dissolution or divorce can vary from case to case. In case of divorce or annulment, the judge often determines equitable distribution of community property. The Aurit Center offers the following community property information to help you make informed decisions.. Arizona Divorce laws state that community assets must be divided equally. This property will be divided equally (50-50) by the … State laws require that you wait 60 days from the date of service before you can proceed with a divorce. Before the divorce is even finalized, either spouse can ask the court to order "temporary" alimony, which will only last while the divorce is pending. Community property in AZ would include any property that was obtained during the time of the marriage. Whatever the property and wherever located, the family law judge determines who should get what and enters final orders. In Arizona, there are different types of alimony. Arizona law makes all property you or your spouse acquire during marriage community property. This is about property division in divorce in Arizona, including the general rule for Arizona property division, what effect the length of marriage and conduct of the parties has on property division after divorce in Arizona, how separate property works in Arizona, and treatment of the marital home and retirement plans in divorce in Arizona. Divorce in Arizona basically honors “community property” standards. Arizona Divorce and Property Settlement Agreements. The exception would be a gift that was an inheritance. This simply means that all assets acquired during the marriage are split between the parties no matter what wishes both parties may have. 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