Archive for September, 2011

While litigation is one of the most commonly recognized methods of divorce, it isn’t always the best approach to a dissolution case. In fact, most divorcing spouses in Arizona find collaborative divorce and mediation to be a more effective and less stressful way to reach a mutually beneficial settlement.

The application of community property laws in an Arizona divorce case isn’t always as straight forward as one might think. Funds that start as separate property of one spouse can become “commingled” or mixed in with community property over the course of a marriage. Commingling often occurs when: The separate property of one spouse is combined into a joint checking or savings account belonging to both spouses. Money is transferred from a separate account belonging to only one of the spouses into an account that belongs to both spouses. Funds are reinvested or borrowed from an outside 3rd party during the couple’s [...]

Depending on the circumstances of your Arizona divorce case, any inheritance that you acquired before marriage can be considered as your separate property – especially if the funds remained in an account that belonged to you and you alone during the course of your marriage. On the other hand, if the funds from your inheritance were deposited into any type of “joint account,” there is a greater chance that the funds will be considered as community property in the terms of your divorce. Should you and your spouse disagree on the designation of separate and community property in your divorce, [...]

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