Archive for September, 2010

ARIZONA DIVORCE LAWYER DISCUSSES DIVISION OF MONEY AND ASSETS:

Monday, September 20th, 2010

ARIZONA DIVORCE LAWYER DISCUSSES DIVISION OF MONEY AND ASSETS:

 

A common concern among my clients as their divorce case is getting started is how are liquid assets such as money and bank balances to be divided.

 

The general answer is that because Arizona is a community property state, each party is entitled to half of the liquid assets that exist as of the time the divorce case is commenced. 

 

Occasionally one party will take the full amount and refuse to share it with the other spouse, often financially coercing them into submission because of the lack of funds for food, attorneys fees, and other essentials.  This problem can often be remedied through Court intervention by requesting temporary orders from the Court including dividing up the money.

 

The Preliminary Injunction, which is issued at the time the initial pleadings are filed, also requires that neither party hide or conceal assets. 

 

In cases in which money was taken, hidden, absconded with prior to filing, our attorneys can help you make a claim for marital waste to recover the money wasted or taken during the marriage, or request that the Court make an un-equal division of the remaining assets on a theory that the wasting spouse already wasted a part of his/her share of the community assets.

 

To learn more about how assets should be divided, or how you can protect your assets, please call our office at (800) 899-2730 for a free telephonic consultation or to schedule an in office conference with an attorney.

TEMPE ARIZONA DIVORCE LAWYER DISCUSSES MOTIONS FOR CONTEMPT

Wednesday, September 15th, 2010

TEMPE ARIZONA DIVORCE LAWYER DISCUSSES MOTIONS FOR CONTEMPT

 

During the course of many divorce and family law cases in Arizona, one party may violate a court order or the Preliminary Injunction (which has the same effect as a court order).  The other party may, in certain cases, want to bring this to the Court’s attention and have the violation remedied.  This is often done through filing a Motion for Contempt of Court.

 

To prove contempt, the party will have to demonstrate the existence of a clear Order or that the Preliminary Injunction was in effect.  The party will also have to prove that the Order or Preliminary Injunction was violated.  Finally, the Court requires proof that the violation was willful, and not beyond the control of the party alleged to be in contempt.

 

If a Motion for Contempt has been filed against you, you may defend yourself by showing that there was no such Court Order, that you were not aware of the Court Order, or that abiding by the Court Order was not within your power.  For example, if a party is alleged to have failed to pay child support, he or she may avoid being found in contempt by showing that the Order was not valid, that he or she was unaware of the Order, or that he or she did not have the ability to make the ordered payments.  Not being in contempt would not necessarily eliminate the obligation to pay the ordered child support, but would aid in avoiding contempt and any sanctions that the Court would impose.

 

 If you would like a free telephonic consultation regarding your family law case, please contact McGuire Gardner at (800) 899-2730 or visit us at yourarizonadivorcelawyer.com .