The Role Of Family Lawyers In Your Neighborhood – What is community property law and how does it affect your divorce in Arizona? The Role of Equalization Payments in the Arizona Divorce Process
Arizona is a community property state, which means that all assets acquired during the marriage are joint property and subject to equal division upon divorce. This includes all types of assets such as real estate, personal property, businesses, investments and loans. The law assumes that both spouses have an equal interest in marital property, whether the property is acquired individually or jointly.
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However, the equitable distribution of community property can sometimes result in one spouse receiving property worth more than the other spouse received. In these cases, the court may order “equalization payments” from the spouse who receives the most valuable property. This payment is intended to ensure that the division of property is truly equal, regardless of any disparity in the value of personal property. This is a scenario often seen with issues such as child custody and spousal support.
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In Arizona, the division of community property is governed by the “equitable division” rule, which means that the court will divide marital property equally between the spouses unless there are legitimate reasons to deviate from this rule. This means that each spouse will receive an equal share of the marital property, regardless of their contribution to the marriage or the size of their separate assets.
However, it is important to note that not all property falls under the category of community property. Separate property covers any property acquired before marriage or after the commencement of divorce proceedings. This distinction is particularly relevant in cases involving paternity rights.
It is important to note that the burden is on the spouse to prove the nature of a particular property that is separate property. This means that the spouse must provide sufficient evidence to show that the property in question was acquired through inheritance or gift before marriage or after marriage. Without sufficient evidence, a family law attorney may advise his client that the court may presume that the property is community property and divide it 50/50 between the spouses.
Divorce proceedings often involve the complex division of marital assets, particularly the family home. Generally considered community property, the house must be divided equally between the spouses. During a divorce, if living together becomes impractical, one spouse can request temporary exclusive use of the home.
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In cases involving domestic violence, a judge can issue an order of protection to effectively remove the abusive spouse from the home. This legal action ensures the protection of the other spouse during the divorce proceedings.
If the spouses cannot agree on the division of the family, the court intervenes. This requires a property appraisal to determine the value and division of equity. Depending on the circumstances, the court can order either one spouse to assign the house or to share the proceeds of the sale. Additionally, the court may require a spouse to keep the home to refinance the mortgage, relieving the other of financial responsibility. For the right approach, you can find a helping hand in an Arizona divorce lawyer.
In Arizona, courts do not consider any misconduct by one spouse when dividing community property between spouses during divorce proceedings. This means that factors such as desertion, adultery, and abuse do not give one spouse more rights to community property than the other. However, the court has the authority to sanction one party during the divorce proceedings, which may result in the seizure of community property.
Failure to comply with these court directions may result in the court imposing sanctions on the non-complying spouse, which may include an unfair distribution of community property in favor of the other spouse. Consulting with an Arizona divorce firm can help in the case of community property division.
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If one spouse dies, the fate of the community property is determined by whether or not there is a right of survivorship to the property. If the estate has this section, it passes to the surviving spouse in its entirety. This difference must be clearly stated on the property title or other property documents.
On the other hand, if the property does not have a right of survivorship, it will be inherited by the surviving heirs of the deceased spouse. In addition, the spouses have the right to nominate a beneficiary for their share of the community property, which takes priority over the right of survivorship.
In the midst of a divorce, dividing assets from years of marriage can present a major challenge. AZ Family Law Attorneys is a leading family law firm committed to understanding the complexities of your situation. To get started with your free consultation, contact us today.
© 2024 AZ Family Law Attorneys | SITE MAP | Privacy Policy | Website Designed at Gilbert BYMY Preferred Web Design Most family lawyers can name a desired digital marketing outcome, such as being on the first page of Google searches for selected keywords and phone calls from qualified clients .
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But getting there requires learning about your customers and their psychology before you can market to them effectively and make the most of your time and resources.
Family law attorneys must know how to use client research, positioning, messaging, and demand generation to capture and convert leads into clients.
As a family lawyer, you may focus on several different family law matters, or you may find that many of your current clients come to you for one or two primary matters, such as divorce or adoption.
While you can serve many types of people, those family lawyers who grow their firms quickly.
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Talk to your past customers to learn more about what your target audience cares about, and then use that information to start crafting your positioning and messaging.
For example, you may hear from many family law clients who appreciate your honesty or how hard you fought to get child custody for them.
When you hear the same things more than once, those details can be used to differentiate you from your competitors.
If family law firms consistently make one mistake, it is focusing too much on themselves and what they have to offer, rather than on the needs of the clients.
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Your potential clients care that you are educated, well respected in your community, and have years of experience in family law matters, but they are more interested in how you help clients achieve their goals.
Notice how Cordell Cordell puts their target customer as the main focus of their site? They are speaking directly to fathers with their title and using an image that emphasizes the same sentiment.
How do you position your client as the hero of the story while being the guide to help them achieve their ideal outcome? Use your feedback from customer research to develop your position. Your position describes who you are, what you do, and who you serve.
Since your customer is the hero, you need to understand how they feel when they start their journey. What is their biggest fear? What is stopping them from taking action? How can you be the one to lead them to the promised land?
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April Dunford suggests starting with positioning by thinking about the competition. If your customers don’t choose you, who will? Likewise, Andy Raskin says that starting any marketing statement by focusing on you rather than your customers is a surefire way to lose someone’s interest from the getgo.
Instead lean on urgency and stakes for your customer. Make them a hero and they will want to keep you.
Instead of capturing demand alone, focus on demand generation in your legal marketing. Position your law firm as a leader in divorce matters so that if and when the time comes for a potential client, they will be ready to reach out to you.
When you know where your audience spends time, you can align your marketing strategies and channels.
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Some efforts do not provide ROI for the family lawyer, such as sending an email newsletter. A potential client who is still considering divorce is unlikely to sign up for your newsletter and read it every week while he thinks about his options.
That same person can do some research on topics important to their case (such as state child support laws or if/how parenting coordinators are used in custody cases) that can cover on your blog.
It takes a lot of work to get your marketing engine running, but you can build momentum quickly and powerfully by using the right options.
Recognize that your audience can find your message in different places and resonate with it in different ways. Focus on your main story and repeat that story in some way.
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For example, you may have discovered in client research that your past clients appreciated how you honestly informed them of all their options at every stage of the case. You can use it to create a blog that explains how the divorce process works
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