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Common Questions And Answers About Arizona Divorce

Last updated on November 19, 2021

The Law Office of Vincent Mattioli, PLC, serves the family law needs of clients in the Casa Grande and Scottsdale areas. If you’re like most other people going through a divorce, you likely have many questions. On this page, we have provided answers to some of the most common questions people ask. After reading, you can ask us your own questions during a free consultation.

What will happen to my house in the divorce?

When dividing assets in divorce, Arizona follows what’s known as the “community property” model. This means that in most cases, any asset obtained by either spouse during the marriage is considered equally owned by both spouses.

If one of the spouses purchased the house prior to getting married and paid off the mortgage, that spouse likely retains ownership. If you purchased together, the house is considered jointly owned and subject to division. Practically speaking, this could mean selling the house and splitting the proceeds, if that’s what you want to do. If one spouse wants to keep the property, they would likely need to trade away other assets equal to the value of the other spouse’s share of the home.

How will child custody be decided?

Arizona isn’t biased toward or against either parent. Instead, courts are required to make custody (parenting time) decisions in the best interests of the children. This usually means that both parents stay actively involved in their children’s lives unless that arrangement would not be in the best interests of the child or children.

We discuss this in greater detail on our custody and parenting time page.

Am I entitled to a share of my spouse’s retirement assets?

As mentioned above, Arizona is a community property state. That applies to assets obtained during marriage or assets that appreciate in value during the marriage. If your spouse has a retirement plan (such as a 401(k) or a Roth IRA), you would likely be entitled to a portion of it. The specifics will depend on the individual plan, when it was created (before or during marriage) and how much was invested during the marriage, and other factors.

Dividing retirement assets can be complex and often requires what’s known as a qualified domestic relations order (QDRO). Our firm is ready to help you with any asset division matters you may be facing.

How do domestic violence allegations impact a custody proceeding?

Family violence is a serious matter, and allegations will almost certainly play a role in decisions about parenting time. Whether you have made allegations or your spouse has falsely accused you of domestic violence, we set to work right away to substantiate your side of the story and ensure that a judge has accurate information and context. You can read more on our protection orders page.

How Can We Help? Contact Us To Discuss Your Needs.

If you have family law questions or simply want to learn more about how our firm can help you, contact us to schedule a free initial consultation. You can fill out our online contact form or call 480-485-8158.