Equitable division is the Arizona requirement that community property and jointly held property be divided fairly in a dissolution or legal separation. Equitable does not always mean equal item by item. It means an overall division that is just under the specific circumstances of the case.
In practice Arizona courts generally start from a presumption of equal division of community property and then consider whether specific circumstances justify a different allocation.
Marital misconduct is not a basis for unequal property division under A.R.S. § 25-318(A). The court divides property without regard to marital misconduct.
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