Blog Post

JUDICIAL DISCRETION IN ALLOCATING PROPERTY AND DEBT

Bruce Brown • Feb 04, 2014

Under Arizona law, property acquired during marriage is to be divided equitably or fairly upon dissolution of marriage (divorce). Now, it goes without saying that most people and Judges would consider the equal division of property to be the most fair. However, in considering the allocation of property, the destruction or hiding of property gets to be considered as well as the debts oftentimes will be put into the mix.

Thus, Arizona laws give judges "broad judicial discretion" in making property and debt divisions. Additionally, if the parties agree to divide their possessions other than 50/50, the Courts will usually rubber stamp same, as long as there is no duress or fraud involved.

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