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Proper Credential Are Essential Elements when Choosing a Phoenix Divorce Lawyer

Topic: DivorcePublished July 3, 2011

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Making the right decision in a divorce lawyer is essential, and one of the key elements is verifying the credentials of any lawyer before you decide to enlist his or her services. This is especially important in community property states where it may be necessary to prove separate ownership of any property you wish to maintain in your own name. There are several instances under which you may be able to retain a portion of your property: • Property you owned prior to your marriagern• Property you received as a gift or inheritancern• Property that is part of a transmutation agreement between you and your spousern• Investment property you acquired after your marriage but is supported in full by income you received prior to your marriage. It is important to remember that under community property laws anything you acquire during the course of your marriage is community property except for the exceptions noted in the previous paragraph. This includes salaries, savings accounts, retirement accounts and anything else that you own jointly or that becomes part of the joint property. There are many exceptions that may enter into the divorce negotiations, so you have to make sure you choose a divorce lawyer in Phoenix that is familiar with all the provisions and exceptions that surround a community property divorce. Some of the important things you must make sure you present to your divorce lawyer include the following: • Prenuptial agreementrn• Tax returnsrn• Retirement and investment accountsrn• Checking and savings accountsrn• Deeds to jointly held property acquired after your marriagern• Proof of property you received as gifts or inheritancesrn• Proof that no marital funds were used to increase the value of property you acquired before your marriagern• Transmutation agreements Only a divorce lawyer familiar with community property divorce laws can help you determine what other property may be exempt from the community property. If you own investments acquired before you get married, you may wish to be careful not to use any of the marital funds for its upkeep or you will find it becoming part of the marital property when you divorce. This means in reality that all improvements and repairs you make to the property must come from your rental income. You must also be able to prove you did not use the rental income to contribute to the marital household and that you used none of your martial income in the upkeep or any rental property. In order to protect yourself from the loss of any separate property, it is essential to make sure you choose an experienced divorce lawyer in Phoenix. You should also make sure you understand the provisions of community property divorce and how those provisions may affect your retention of certain property. It is a good idea to develop an education in community property laws before you get married; it's unrealistic to assume that your marriage will last for a lifetime with more than half of all marriages ending in divorce. The time to protect your assets is before you get married rather than trying to preserve them after the marriage fails.

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