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The following are the guidelines and rules set forth in ARS $ 25-318: Court shall assign each spouse his or her separate property and shall
The following are the guidelines and rules set forth in ARS $ 25-318: Court shall assign each spouse his or her separate property and shall divide "community, joint tenancy and other property held in common equitably, though not necessarily in kind, without regard to marital misconduct." This is the broad, overarching standard This shows the court shell divide community property, or jointly held property, equitably, though not necessarily in kind without regard to marital misconduct. Arizona explicitly says marital misconduct is off the table. 0 Thus, adultery and infidelity are not to be considered by the court in dividing up property or n awarding spousal maintenance. Example = If there are two cars, it isn't necessary that one spouse get one car and the other spouse gets the other car. But, the overall value of the property held by the parties at the time of divorce may be divided equitably. In Arizona, courts have contributed that to mean presumptively equal. 0 Court may consider damages from crimes against spouse or child and 'excessive or abnormal expenditures, destruction, concealment or fraudulent disposition" of community, joint tenancy and other property held in common. The court can consider certain kinds of misconduct, such as certain damages from crimes that one spouse has committed against the other or a child (ie. DV crime). The court can also consider economic misconduct. Example = If the spouse has engaged in continuous gambling and they run up a big debt, the courts likely to hold that against the spouse in the division of marital property if there is any property left. The court will probably assign any leftover debt to the wrongdoing spouse
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