After the petition is served, each spouse is entitled to his or her own income. This income may be subject to child support and/or spousal maintenance that can be retroactive to the service or the separation date. Also, each party is responsible for his or her own debt incurred after that service date. Until the petition is served, all debt is presumed community. One of the ways to avoid the community debt is to prove community waste, which is beyond the scope of this book.
After the service of the petition other “clocks” begin ticking. For example, within forty (40) days after a party has been served with the initial documents, documentation concerning finances and property needs to be disclosed to the other party. This is mandated in Family Rule 49, which requires the disclosure of specific documentation to be...Read More >