Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

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

image text in transcribed
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

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Essential Criminal Law

Authors: Matthew R Lippman

1st Edition

1452276935, 9781452276939

More Books

Students also viewed these Law questions

Question

Identify the domain and range of cos y = x and y = cos-1 x.

Answered: 1 week ago