FAMILY LAW BLOG

Stay up-to-date with family law and divorce news, tips and guides by Cindy Best.

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Cindy Best
During a divorce in Arizona, what if neither of us can afford the house in Scottsdale?

This is no different than if you were together. You have the same problems and issues as if you were together (divorce just makes it more difficult). The mortgage company expects both of you to pay. If there is a deficiency judgment because of a line of credit, the creditor will look to both of … Continue reading During a divorce in Arizona, what if neither of us can afford the house in Scottsdale?

Cindy Best
What happens when spouses in Arizona own a business together?

During the divorce process here in Arizona, the court will usually attempt to keep the things the way they presently are when it comes to the day-to-day operations of a family business. A business valuation expert can assess the value of the business during the divorce matter. Arizona courts, with the input from the business … Continue reading What happens when spouses in Arizona own a business together?

Cindy Best
What if my spouse does not pay the community debts as ordered in the final decree? Can our creditors force me to pay?

Yes, Arizona Revised Statute 25-318 states that a creditor can collect a marital debt from either spouse, regardless of which spouse is ordered to pay the debt by the court. The innocent spouse then has the right to recover from the obligated spouse. If a party fails to comply with an order to pay debts, … Continue reading What if my spouse does not pay the community debts as ordered in the final decree? Can our creditors force me to pay?

Cindy Best
What does a property settlement agreement do?

A Property Settlement Agreement lays out and explains how your property will be divided. If the court ultimately decides how your property will be divided, the property division will be explained in your decree, which is public record and can be read by anyone. If, however, you negotiate and draft a Property Settlement Agreement, you … Continue reading What does a property settlement agreement do?

Cindy Best
How do the vehicles get divided during my divorce?

Usually spouses have driven one vehicle and that is the one they want to keep. There may be an adjustment if one vehicle has a greater value than the other. For instance, if the truck has equity of $10,000 and the SUV has equity of $20,000, one person has $10,000 more value than the other. … Continue reading How do the vehicles get divided during my divorce?

Cindy Best
What Happens if the House is Community Property? What if it is Sole and Separate?

Option one is one spouse stays in the house and makes all the payments; the parties get the house appraised and decide the value of the house. Then the party who wants to live in the house pays the other spouse half the value of the house. This can be paid with cash in a … Continue reading What Happens if the House is Community Property? What if it is Sole and Separate?

Cindy Best
Characterization of Property During a Divorce

The first thing to decide is the character of the property. If it is community, it can be split 50-50. If it is sole and separate, it is yours and does not need to be divided but it must be disclosed. At the end of the divorce, you will want to divide the community property … Continue reading Characterization of Property During a Divorce

Cindy Best
How do deferred compensation accounts, 401k, and retirement benefits get divided during a divorce?

The court will split these 50/50 if it was all acquired during the marriage. There is no penalty to divide and the money is not removed from the accounts. After the division, each party is subject to IRS rules for prematurely withdrawing the money. One spouse cannot create a tax liability for the other spouse. … Continue reading How do deferred compensation accounts, 401k, and retirement benefits get divided during a divorce?

Cindy Best
What Happens to Debts During a Divorce?

Arizona Revised Statute 25-318 provides that debt incurred during the marriage is presumed to be community debt. Generally, the court divides debt equally. Debt incurred by a spouse before the marriage remains the separate debt of that spouse. The court may also order the parties to submit a debt distribution plan. This means that within … Continue reading What Happens to Debts During a Divorce?

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