Legal Question in Family Law in Arizona

divorce question

I am 42, married 9yrs and living in AZ with 1 daughter (5yrs old).

For credit reasons, our house and accounts are all in my wifes name. She is also the sole financial provider and I have been the stay at home dad.

I want to know what my legal rights are on all fronts if this marriage does not survive.

Am I entitled to 50% of everything despite my name not being on it? should I get my name on everything before making a move? Am I entitled to alimony of any amount since my past career is impossible at this point? And since I have been the primary care giver to my daughter, what are the chances that can continue?

I want to know where I stand.

Thank you

Rich


Asked on 3/21/08, 4:43 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: divorce question

Thank you for your email. We'd need additional information in order to answer your questions, but here are some general statements:f

1) Custody/parenting time are determine based on the best interests of the child.

2) Spousal maintenance is a fairly gray area; entitlement depends on many factors, most importantly your need vs. her ability to pay. The court is gender-blind on this issue.

3) Community property law indicates that assets acquired during the marriage are to be divided equitably, regardless of the name on the title/account/debt, etc. There are exceptions to this, and it may depend on what steps were taken to put the assets in her name.

Our initial consultation is free, so please contact our office (480.792.9770) to arrange a time to speak with one of our attorneys about the details.

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Answered on 3/21/08, 4:47 pm


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