Temporary Orders & Divorce in Arizona
What Happens to the House and Our Money During the Divorce?
Generally, the community funds are divided equally during or at the end of a divorce. If one of the parties withdraws or transfers money out of such accounts during the divorce proceedings they may be in violation of the Court’s preliminary injunction and are usually ordered to pay the other party his or her share of such funds. Most of the time the parties will just agree to divide the funds in the community accounts equally. If a party uses community funds to pay community debts this is generally acceptable. The parties can also use community funds to pay their reasonable living expenses and attorney fees. It is always best to work out an agreement with the other party regarding the division and use of such funds before the parties start spending down the accounts without the other party’s knowledge or consent.
Some people believe if they move out of the community residence that they abandon or forfeit any interests in the home. This is not correct. Moving out of the home during the divorce has no impact on your claim to an equal share of the community residence.
There may be reasons not to move out of the home such as the home being the children’s comfort zone. In addition, until there are any court orders, there is no guarantee that your spouse will be making the mortgage payments. These are things that should be worked out in writing in advance or addressed with the Court.
Termination of the Community:
Upon service of process of a petition for dissolution (divorce), the community is terminated. This means that each of your incomes going forward are separate property and each new debt that each of you incur is your own separate debt. Both parties continue to be jointly liable for any community debt incurred up to the termination of the community.
Temporary Orders are Court orders regarding various issues pending the final trial or settlement. These are temporary in nature and are generally extinguished upon the final trial or settlement. If an agreement cannot be reached soon after the divorce is filed it is sometimes necessary to file a Petition for Temporary Orders to obtain interim Court orders dividing accounts, granting use of the community residence, and to obtain orders regarding payment of community obligations. Temporary orders can also address parenting time, child support, spousal maintenance, attorney fees and a myriad of other issues.