Brown Family Law Services
Managing Debt During Divorce
Facing divorce with existing debt? Brown Family Law recognizes the financial difficulties that can arise during separation. We’ll help develop a transparent and equitable debt division plan, aiming to secure financial stability for you and your children as you transition into the next chapter of your life.
Call Brown Family Law For A Divorce Consultation: 480-882-0767
People Fight About Two Things in Divorce: Kids and Money.
People often struggle over these issues because they are incredibly significant. There is nothing more crucial than making sure children are raised in a healthy, nurturing environment where they can thrive and succeed.
To build such an environment, financial resources are essential. You need money for a safe home, nutritious food, quality education, and more. Therefore, finances and children’s well-being are closely connected. You can’t address one without considering the other.
Frequently Asked Questions About Debt and Divorce
Dealing with debt during a divorce can be complex and overwhelming. Understanding how debt is divided and managed is crucial for ensuring a fair settlement. Here are some frequently asked questions about debt and divorce:
1. How is debt divided in a divorce?
In a divorce, debt is typically divided similarly to assets. Arizona is a community property state, which means that debts incurred during the marriage are usually considered joint responsibility, regardless of who incurred them. However, debts acquired before the marriage or after separation may be treated as individual obligations.
2. What happens to credit card debt?
Credit card debt accumulated during the marriage is generally considered joint debt. Both parties may be held responsible for repaying it, even if only one spouse used the card. During the divorce process, this debt will be divided between the spouses according to the court’s judgment or the agreement reached between the parties.
3. Can I be held responsible for my spouse’s student loans?
Typically, student loans taken out by one spouse before or during the marriage are considered that spouse’s individual debt. However, if marital assets were used to repay the loan, or if the loan benefited the family as a whole, the division of this debt might be more complicated.
4. What if my spouse is hiding debt?
If you suspect your spouse is hiding debt, it’s crucial to work with an attorney who can help uncover any hidden liabilities. Full financial disclosure is required during the divorce process, and failing to disclose debts can lead to legal consequences for the party attempting to hide them.
5. How can I protect myself from debt my spouse incurs after separation?
To protect yourself from debt incurred by your spouse after separation, it’s essential to legally document the date of separation and notify creditors. Closing joint accounts or removing your name from them can also help prevent your spouse from accumulating debt in your name.
6. Can bankruptcy affect my divorce proceedings?
Yes, bankruptcy can complicate divorce proceedings. If one or both spouses file for bankruptcy, it may delay the division of assets and debts until the bankruptcy is resolved. Consulting with both a divorce attorney and a bankruptcy attorney is advisable in such cases.
What exactly is considered debt in a divorce?
In a divorce, debt includes any financial obligations that either or both spouses are legally required to repay. This can encompass a wide range of liabilities, such as:
- Credit Card Debt: Balances on credit cards that were accrued during the marriage are typically considered marital debt, regardless of whose name is on the card.
- Mortgages: The outstanding balance on a home mortgage is considered marital debt if the property was acquired during the marriage. The division of this debt can depend on what happens to the property itself.
- Auto Loans: Any car loans taken out during the marriage are generally treated as joint debt, even if only one spouse drives the car or the loan is in one spouse’s name.
- Personal Loans: Any personal loans taken out during the marriage, whether for home improvements, medical expenses, or other reasons, are usually seen as shared responsibilities.
- Medical Bills: Unpaid medical bills incurred during the marriage are typically considered joint debt, regardless of who received the medical treatment.
- Student Loans: If student loans were taken out during the marriage, they might be considered marital debt, especially if the funds benefited the family. However, loans taken out before the marriage are usually seen as separate debt.
- Tax Debt: Any unpaid taxes, whether from income, property, or other sources, can be considered marital debt if they were accrued during the marriage. This includes both federal and state taxes.
Are debts incurred after separation but before the divorce is finalized considered marital debt?
In some cases, debts incurred after separation but before the divorce is finalized can still be considered marital debt, particularly if they were used for the benefit of the family. However, this can vary depending on the state’s laws and the specific circumstances of the case. It’s important to establish a clear date of separation and to communicate with your attorney about any new debts during this period.
Understanding what counts as debt in a divorce is crucial for ensuring a fair division of liabilities. Being aware of these different types of debt can help you better prepare for the financial aspects of your divorce.
Debt and Financial Obligations During Divorce in Arizona
Divorce is a complex process, especially when it comes to dividing financial obligations such as debt. In Arizona, understanding how debt is classified and managed is crucial for ensuring a fair and equitable settlement. Whether it’s credit card balances, mortgages, or personal loans, these financial obligations can have a significant impact on your post-divorce financial stability.
When you’re facing a divorce in Arizona, it’s important to recognize that debt is just one piece of the financial puzzle. Alongside the division of debt, other critical financial considerations include alimony, mortgages, and child support.
Alimony, also known as spousal maintenance, is a key component in many divorce settlements. It is designed to support the lower-earning spouse in maintaining a standard of living similar to what was enjoyed during the marriage. The amount and duration of alimony can significantly influence the overall financial agreement, especially when combined with the division of debt and other assets.
Mortgages present another significant financial challenge. If you and your spouse own a home, the mortgage must be addressed in the divorce settlement. Whether the property is sold and the proceeds divided, or one spouse retains the home and assumes the mortgage, these decisions will impact both parties’ financial futures. It’s essential to consider how the mortgage ties into the broader context of debt division, alimony, and child support.
Child support is another crucial financial obligation that must be considered. Arizona law requires that child support be determined based on the best interests of the child, ensuring that both parents contribute to their child’s upbringing. The calculation of child support takes into account factors such as each parent’s income, the amount of time the child spends with each parent, and the child’s needs. This obligation is separate from, but can influence, the overall financial arrangement, including how debts and assets are divided.
In Arizona, the community property laws dictate that most debts incurred during the marriage are shared responsibilities, meaning both parties may be held accountable regardless of whose name is on the account. This principle applies to various types of debt, from credit card balances and auto loans to personal loans and medical bills. However, debts incurred before the marriage or after separation may be treated differently, emphasizing the importance of accurate financial records and a clear understanding of your obligations.
Navigating these financial issues requires careful planning and a clear strategy. A comprehensive understanding of how debt, alimony, mortgages, and child support are interrelated is essential for securing a fair and balanced divorce settlement. Working with an experienced Arizona divorce attorney can help ensure that all aspects of your financial situation are carefully considered, from protecting your rights to achieving financial stability for you and your children.
Ultimately, the goal is to emerge from the divorce with a clear financial plan that supports your future well-being. Whether through negotiation, mediation, or, if necessary, litigation, addressing these financial issues with the guidance of a knowledgeable attorney can make the difference between a contentious, drawn-out process and a smoother, more manageable transition to the next chapter of your life.
Why choose Brown Family Law?
See what our clients have shared about their experiences with Brown Family Law.
Total reviews: 64 | Average rating: 4.9
Sarahyn Reyes
Melissa Covarrubias
I have had the pleasure of working with Fredian and I only have great things to say about her. She is the consummate professional while fighting hard on your behalf. She advocates vigorously on behalf of her clients to obtain the best possible outcome. I highly recommend her.
Molly L
As a former coworker, Fredian is a great and dedicated attorney. The firm is lucky to have her!
Ilana Zorfas
Fredian is the best attorney! She really listens to you and makes you feel so important!
Lorena Corrales
If you are looking for a lawyer you can truly trust and rely on, I highly recommend Fredian. She is amazing, and I am extremely grateful for her hard work and dedication!
Michael Sayegh
I worked with Fredian at the AG’s office and she was awesome to have on the team. Super reliable, always on top of things, and kept a good sense of humor even when the workload was crazy. Definitely someone you can count on to get things done.
Francesca Simone
I’ve worked with Nick S on numerous projects. He is absolutely fantastic! He is sweet, personable, trustworthy, and very attentive. I look forward to working with him again. Highly recommend.
armando bon
I’ve had the pleasure of working with Friedian a few times and she’s the real deal. Always professional quick to respond and actually cares about getting things done right. You can tell she takes pride in her work and looks out for her clients. I’d have zero hesitation referring anyone to her because she makes the whole process smooth and easy to understand.
Johnny Hall
If you’re looking for a family law attorney who is not only highly skilled but also genuinely cares about their clients, i cannot recommend Fredian enough. She is a rare find in the legal world – and some you want on your side.
Darrion Harris
I highly recommend Fredian to anyone seeking a skilled, empathetic, and trustworthy family law attorney. Legal matters involving family are never easy, but having the right advocate makes all the difference — and Fredian was is exactly that.
Bryce Kvick
Fredian Tuyisenge is an intelligent, hardworking attorney with great knowledge of juvenile and family law. I would highly recommend her to anyone!
Gladys Vargas
Fredian is such an excellent person to work with. She really advocates for her clients. She displays empathy, trustworthiness, and professionalism. Would definitely work with her again.
Brandon Clouse
I don’t usually trust attorneys, but the moment I met Fredian, I knew she was different. She’s kind, empathetic, and genuinely cares about her clients. From the moment I met her, she made me feel comfortable, supported, and confident that she is the person I need in my corner. She immediately made me feel like I was one of her own family, without ever compromising her own standard of professionalism and compassion; something that sets her apart from anyone I’ve even had a short conversation within the many different avenues of law. I’m truly grateful for her and would recommend her to anyone in need of a family law attorney who actually listens and cares.
Aleta Lynch
Fredian is the hardest-working individual I’ve ever met! Not only is she relentless about meeting deadlines and delivering high quality outcomes, but she is compassionate to her core. Her willingness to take the time to explain legal realities to me until I’ve felt confident that I understand them inside and out goes above and beyond. Fredian makes her clients feel comfortable with the subject at hand and is extremely effective in her role. I couldn’t recommend her more highly.
Blaine Snyder
Fredian is an excellent attorney and great to work with. Anyone she represents should feel confident that their case is being handled at the highest standard.
Rylan Carter
Had a super simple divorce I needed a roadmap for, and Daniel Young was kind enough to not only help me throughout the process, but to guide me on how to ensure everything was done properly. Luckily, I didn’t have to full-on hire anyone, however Daniel’s consult services saved me more time, headache, and money than I can ever repay. Thanks again!
Deo Davis
Truly outstanding attorney. Fredian is honest, professional, and genuinely cares about clients. You can trust her to do the right thing and fight for you.
Gedeon Mbazumutima
I cannot recommend Fredian enough. The advice I received was thoughtful, realistic, and always in my best interest — not just legally, but emotionally and practically. Fredian never pushed, but instead helped me weigh my options and feel confident in the path I chose.
Heather Hughes
If you need a family law attorney, Fredian should be your first choice. She is kind, compassionate, and so knowledgeable. She is a great communicator and very transparent about the legal process and how attainable legal goals are. You will always feel heard and seen by Fredian. I worked with Fredian as an attorney and was always impressed by her dedication and commitment.
Wendy Coombe
You never want to be in the shoes of needing to hire someone to represent you. It means things are in a place where the stakes are high, and you are likely nervous/anxious/upset, the list goes on. When I met Fredian, I was upset about how a previous hearing/attorney had manifested, and wrong evidence had been mixed into my case. This was a previous attorney. When I tell you that immediately after shaking hands with Fredian, I felt like everything was going to be okay, this is not an exaggeration. She has a calming, genuine, and real presence. She sat with me for over an hour just to fine-tooth comb through my list of important things I wanted out of my case. I feel like she truly heard my fears and worries and executed a high level of empathy and active listening. Turns out I never got to see her litigate, which is excellent because she helped me reach a settlement far better than I could have expected. We returned to the drawing board several times and got the best outcome for my situation and kids. I hope I never see Fredian again on a professional note. But if I see her around, I owe her a huge, warm hug for keeping my family safe and together. Thank you Fredian and Tifani for all the acts of service and dedication to my case. The GOAT!
Sulaf Al-Tamimi
Fredian is an outstanding family attorney with incredible work ethic and genuine passion for helping others. She goes above and beyond for her clients, bringing both professionalism and compassion to every situation. I highly recommend her services!
Tommy Molina
Fredian is exceptionally professional, dedicated, and trustworthy. She consistently goes above and beyond to ensure the best outcomes and communicates with clarity and integrity. Anyone working with her can feel confident knowing they’re in capable hands.
Joti Sangha
fredian was an amazing coworker and advocate. i have seen her put in the work to represent her clients to the fullest extent. she is motivated, driven, all while being patient and receptive. she is great at building rapport and making you feel comfortable to share your story. in the courtroom, she is precise and unwavering. she is a well rounded attorney and an amazing advocate.
Travis Kent
Excellent service. Excellent communication. The support and service I received exceeded my expectations.
Russ Durfee
If you’re struggling with family issues, Tarl can help you.
Kelly Holdbrooks
We met with attorney Tarl Johnson. He was very personable and professional. He provided professional guidance and recommendations on how to proceed with our legal decisions. I would highly recommend Mr. Johnson. On a human note, he was really a down to earth guy while maintaining the highest level of professionalism. Gold Star!
Jason Crittenden
Tarl Johnson is incredble! He’s super kind and thoughtful outside of court, inside court he’s a pitbull (for you). He’s everything you want him to be. My biggest gripe (and even joke) I have always had with/about lawyers is “You want to hire someone YOU don”t even like. Someone nasty and mean and vicious. Because that’s what you need inside the courtroom fighting for you. I didn’t know there were guys like Tarl whom you could really call a friend outside of court, and a vicious advocate inside the court. Bottomline, he’s the best of both worlds. Highly recommended.
Cory Habecker
Cannot recommend Tarl enough. He shows sympathy, empathy, and compassion for you and your loved ones. No matter the situation, he’s going to be there to help.
Andrew Jackson
Brown Family greatly helped me with my family court case which allows me to be the best father I can continue to be for my children. Thank you Tarl and Brown Family Law. Highly recommend.
chase johnson
Did an amazing job!!! Would recommend to anyone
Nathan Thue
I highly recommend Tarl, he’s very easy to deal with and truley cares about helping his clients!
Edgar Alvarez
Such an amazing company. Tarl is extremely reliable and has a lot of empathy for someone navigating through family law. Would highly recommend.
Paul Sherman
I’ve known Tarl for a while and I know he works with compassion and empathy he’s exactly what you look for in a divorce attorney. I highly recommend Brown Famiky Law.
Brittney Lopez
My husband and I hired Tarl back in October of 2024. Originally I needed help with a protective order against an ex (who I share children with), which quickly got messy with family involvement and the anxiety of not knowing what would be the best option for everyone. I felt that Tarl genuinely cared about how upset and alone I was feeling trying to navigate the situation. Hearing his personal story and what he has overcome himself, has really left me confident and trusted his advice. We ended up finding a solution that was better than the original protection order. Even after my case was settled, and my ex showed up to Tarl office, he was still supportive and helped me with the anxiety of that as well. Since then I had to do some work on myself to heal from the trauma/fear of what lead to us contacting Tarl, but I am so grateful for his help and understanding. His advice goes beyond what attorneys are required and I would highly recommend him to anyone struggling through their own scary situation.
Ross Jackson
Knowledgeable, compassionate, and understanding.
Derek Seymour
Tarl Johnson is a very kind and caring individual that listens to your needs. He helps make what is a tough process a little easier to deal with.
Terri Robinson
Tarl is a great and very caring person who is very helpful and has many resources.
James Dornan
Tarl deals with very difficult situations and I greatly appreciate his empathy and professionalism.
Trevon McNeal
Tarl is a down to earth guy! He was very effective in helping me get custody of my son! There is no better Family Law attorney like Tarl!
Christopher DiMartino
Tarl and his team at Brown Family Law are absolutely amazing to work with. They are very good at communicating what is going on with your case which is extremely important if you find yourself in the situation where they are needed. Tarl was very understanding of my situation, I could tell he truly cares about his clients. You will not be disappointed if you choose the Brown Family Law team!
Tiffanie Hatch
I’m so grateful for Tarl at Brown Family Law and the advice he’s given me over the last year as I’ve needed help navigating divorce. He’s always available when I have questions and follows up on how things are going. When my father passed away recently, he and his sweet wife hand delivered flowers to my door. You hope you never need an attorney but when you do, Tarl’s great!
Lou Clark
Attorney Tarl Johnson was Very attentive and listened carefully to my situation.
If necessary, I would certainly call him again!
Aaron Martin
I’ve had a great experience with Marco, Tarl, and the attorneys at Brown Family Law not as a client, but as a colleague and fellow attorney. They provide tremendous service to their clients with real compassion and care. I highly recommend.
donnie watwood
You can’t find a better lawyer than Tarl. He’s honest, but incredibly effective. I’ve know him for years and he has always helped my family out. His prices are super reasonable and worth every penny. I would recommend him over and over again.
Dani Watwood
Tarl was absolutely amazing through the entire court process. Got all charges dropped and was so responsive and attentive with any question or concern I had. Helped put my mind at ease and made the process so smooth.
I highly recommend him to all family and friends and would use him for any future needs!
Ana Rojas
It was so great to find a legal service company that feels comfortable talking to and gives the correct advice. I recommend them 100% for their honesty.
LittleMonster Pants
I had a consultation with Tarl today. I was impressed with his knowledge…he had ideas for me I had not heard before from other lawyers.
I wish he handled the type of case I have.
I recommend him highly!
Connie Stevens
He is very ate give and listens to what I have to say instead of making me feel like a dumb. His feed back was put in words that I can understand not legal mumble jumble which I appreciate so much . When I was done talking to him I didn’t have anymore question he was great about answering every one of my question O will definitely recommend him to anyone who needs an attorney.
Tawnee Thurber
I had such a wonderful experience with Tarl!! He made the experience quick, and easy to understand. I will recommend him to all my people!! Thank you!!
Shane Hollenback
Very knowledgeable to this area of law. I have leaned on their expertise to help clear up issues with my clients on more than a handful of times. I appreciate Brown Family Law more than I can express.
Highly recommend Fredian. She is great at what she does and can be trusted.