Are Arizonas community property laws implicated when a legal separation or annulment is sought instead of a divorce?
Yes. Legal separations in Arizona do not differ much procedurally from a full divorce. The main difference is the technical outcome – you and your spouse are still legally married. The court still divides all community property and obligations from the marriage as it would with a divorce. The court, as it would in a divorce, also stops all community property claims for the future between this couple – unless they elect to reunite at some point. In the case of an annulment, a couple may have accumulated substantial assets under the assumption that they were properly married. Arizona Revised Statute ยง 25-302(B) allows the court to divide that property.
Related Questions
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