If you are reading this, you might be going through one of the hardest times of your life. My partner Aline and I have been practicing law since 1982. That is over 40 years. We have sat across the desk from thousands of folks in Bullhead City, Kingman, and Lake Havasu. We have seen the tears, and we have seen the relief when it is all over.
Divorce is never easy. It is emotional. But it is also a business transaction. You spent years building a life, buying a house, and saving money. Now, you have to figure out how to untangle it all.
Many people come into our office scared. They ask, “Keith, will I lose everything?” or “Does my spouse get half of my retirement?”
Today, I want to talk to you just like we are sitting on your front porch. I want to explain how Arizona law actually works. I want to take the fear out of the “legal speak” and give you the facts.
Key Takeaways
- Arizona is a Community Property State: This generally means a 50/50 split of everything earned or bought during the marriage.
- “Separate Property” stays yours: Things you owned before the marriage or gifts given just to you usually stay with you.
- Debts are shared too: Credit card bills and loans taken out during the marriage are often the responsibility of both people.
- The House is the big question: You usually have to sell it and split the money, or one person buys the other one out.
- Pensions matter: Retirement accounts are often community property, even if only one name is on the account.
What Does “Community Property” Actually Mean in Arizona?
Arizona is one of only nine states that uses “Community Property” laws.
Think of your marriage like a bucket. From the day you say “I do” until the day one of you files for divorce (the “Service of the Petition”), almost everything you earn goes into that bucket.
It does not matter who earned the money. It does not matter whose name is on the check. If it went into the bucket during the marriage, it belongs to both of you.
When you get divorced, the judge’s job is to dump that bucket out and divide it evenly.
A Surprising Stat: According to the United States Census Bureau, the average length of a first marriage that ends in divorce is about 8 years. However, there is a stat very few people talk about: “Grey Divorce.” According to the Pew Research Center, the divorce rate for people over age 50 has roughly doubled since the 1990s. Why does this matter? Because older couples have more in the “bucket.” They have retirement funds, paid-off houses, and complex assets. This makes understanding Community Property even more important.
Because our lawyers also practice Elder Law, we see this trend often in Mohave County. We know how to handle these long-term marriages.
What Is the Difference Between Community Property and Separate Property?
Not everything goes into the bucket. Some things are yours, and yours alone. We call this “Separate Property.”
What Counts as Separate Property?
- Before the Marriage: Anything you owned before you got married.
- Inheritance: If your grandmother left you money in her Will, that is usually yours (as long as you didn’t mix it with family money).
- Gifts: If someone gave a gift specifically to you, not the couple.
The Danger Zone: Commingling This is a word lawyers use a lot. “Commingling” means mixing things up. Imagine you had $10,000 in a savings account before you got married. That is Separate Property. But, after the wedding, you deposited your paycheck into that same account. You also used that account to pay the electric bill. Now, the money is mixed. It is “commingled.” In the eyes of the court, that Separate Property might have just turned into Community Property.
Data Point: A study by Kansas State University found that arguments about money are the top predictor of divorce. It isn’t just about not having money; it’s about not agreeing on how to use it. When you mix separate money with community money, it creates a mess that our lawyers have to help you clean up.
What Happens to the House in a Bullhead City Divorce?
This is usually the biggest asset. You have a home. Maybe it is near the river. Maybe it has a view of the mountains.
When you look for the best pizza place near me, you have lots of choices. But when dealing with a house in a divorce, you usually only have two choices:
Option 1: Sell It You put the house on the market. You sell it. You pay off the mortgage and the fees. Then, you split the leftover money (equity) 50/50. This is the “cleanest” way to do it.
Option 2: The Buy-Out One person wants to stay in the house. Maybe they want the kids to stay in the same school. To do this, the person keeping the house has to “buy out” the other person. If there is $100,000 of equity in the house, the person staying owes the person leaving $50,000. They might have to refinance the mortgage to get that cash.
Real Estate Law Connection: Since our lawyers practice Real Estate Law, we can handle the deeds and titles right here. You don’t need to hire a separate title company to figure out the legal wording. We check the “lis pendens” (a legal notice) and make sure the title is clear.
Are Debts Divided 50/50 Just Like the Assets?
Yes. And this is the part that makes people angry.
“But Keith,” you might say, “My husband ran up that credit card buying golf clubs! Why do I have to pay?” Or, “My wife bought a new car without asking me!”
In Arizona, debt acquired during the marriage is “Community Debt.” The credit card company does not care who swiped the card. They just want to be paid.
A Scary Stat on Debt: According to the Federal Reserve, the total household debt in America is trillions of dollars. But here is the specific stat for divorce: The Institute for Divorce Financial Analysts reports that nearly 22% of divorces involve hidden debt. This is when one spouse spends money the other didn’t know about.
If your name is on the joint account, your credit score is at risk. Even if the divorce decree says your ex-spouse has to pay the Visa bill, if they miss a payment, the bank can still come after you. This is why our lawyers often suggest closing joint accounts immediately and transferring balances to individual names if possible.
How Are Retirement Accounts and Pensions Handled?
This is where having an experienced lawyer really matters.
Many people think, “My 401(k) is in my name. I earned it at my job. It is mine.” That is wrong.
If you put money into that 401(k) while you were married, that money belongs to the community. To divide this, we use a special court order called a QDRO (Qualified Domestic Relations Order). This tells the plan administrator to take a slice of the retirement pie and give it to the ex-spouse.
Why expertise matters: If you do this wrong, you could get hit with massive taxes and penalties from the IRS. We also handle Business and Commercial Law, so if one of you owns a business, we know how to value that business. A business is an asset just like a house. We have to figure out what it is worth and how to split that value.
Can We Agree on Our Own Split Without a Judge?
Absolutely. In fact, this is usually the best way to do it.
If you and your spouse can sit down and agree, “You take the truck, I’ll take the car,” the judge will usually sign off on it. We call this a “Settlement Agreement.”
It saves you money. It saves you stress. It keeps your private business out of the public courtroom.
However, you need to make sure the agreement is fair. Sometimes, one person feels guilty and says, “Just take everything, I just want out.” Our lawyers will look at the deal and say, “Wait a minute. You have rights. Let’s make sure you aren’t giving away your future.”
We practice Family Law because we care about families. We try to help you reach an agreement without a big fight. But if the other side is being unreasonable, we are ready to stand up for you in court.
Click here to learn more about our Family Law services
Why Is It Important to Hire a Local Mohave County Lawyer?
You might be searching for a “lawyer near me” on your phone. Location matters.
The judges in Kingman and Lake Havasu have their own ways of doing things. Aline and I have been here since 1982. We know the local rules. We know what the courts expect.
A lawyer from Phoenix might not know that in Mohave County, we have specific procedures for mediation. We have offices in Bullhead City, Kingman, and Lake Havasu. We are your neighbors.
We also understand the local economy. We know about river properties. We know about retirement incomes. We know the specific challenges of living in a border town (near Nevada and California).
Also, divorce often touches other parts of your life.
- Do you need to change your Will? (We do Wills and Probate).
- Was there domestic violence? (We handle Criminal Law issues related to orders of protection).
- Are you worried about a business? (We do Business Law).
We can look at the whole picture, not just one piece.
Contact Knochel Law Firm today
FAQ: Common Questions Asked to Lawyers in Bullhead City and Arizona About Divorce
Here are the 5 most common questions we hear in our conference rooms.
1. How long does a divorce take in Arizona?
Answer: Arizona has a mandatory “cooling-off” period. The absolute fastest a divorce can be finalized is 60 days from the date the papers are served. However, most divorces involving property or children take 6 to 9 months. If you have to go to trial, it can take a year or more. We try to move things along as efficiently as possible.
2. My spouse cheated on me. Do I get more money?
Answer: This is the most common misconception. Arizona is a “No-Fault” divorce state. This means the court generally does not punish a spouse financially for cheating. The property is still divided 50/50. However, if the cheating spouse spent community money on the affair (like buying expensive gifts or hotel rooms), we can ask the court for “waste” claims to get that money back.
3. I bought my house before the marriage, but my spouse helped pay the mortgage. Is it still mine?
Answer: The house might still be “Separate Property,” but the community might have a claim on the value. We call this a “community lien.” If community money (your paycheck) paid down the loan, the community (your spouse) is entitled to a share of the increased equity. This requires some complex math, which our lawyers can handle for you.
4. Can I move back to California or Nevada with the kids before the divorce is final?
Answer: Be very careful! Once the divorce petition is filed, a “Preliminary Injunction” goes into effect. This is a court order that says you cannot take the children out of Arizona without the other parent’s written permission or a court order. If you leave, you could be kidnapping your own children in the eyes of the law. Talk to us first.
5. Who pays for the lawyer fees in a divorce?
Answer: Usually, each person pays their own lawyer. However, if there is a big difference in income—for example, if the husband makes $100,000 and the wife was a stay-at-home mom with no income—we can ask the judge to make the higher earner pay for the other spouse’s legal fees. This ensures a level playing field.
External Resources
- Arizona Revised Statutes – Marital and Domestic Relations
- Mohave County Superior Court – Self Service Center
- State Bar of Arizona – Divorce Information
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this does not create an attorney-client relationship. Every divorce is unique. For specific advice regarding your property and rights, please contact Knochel Law Firm directly.
Knochel Law Firm Bullhead City | Kingman | Lake Havasu Since 1982 https://lawyersinarizona.com/
