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What happens to debts during a divorce?

November 28, 2023 Cindy Best

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. Within thirty days after receipt of a written request for information from a litigant which includes the Court name and cause number, a creditor shall provide the balance and account status of any debts of either party or both spouses, identified by account number, for which the requesting spouse may be liable to the creditor.

 

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