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: 86 | Average rating: 4.9
Melissa Davis
Mary Herbst
I cannot say enough good things about Paul Waldron and the care he showed my brother during his divorce. Paul was professional, patient, and incredibly knowledgeable.
klherbst
When my son needed advice and support, Paul Waldron was quick to respond. He was sensitive to the situation and his competence was immediately apparent.
Jacob Herbst
Paul Waldron offered valuable insight during my divorce. His professionalism, clarity, and willingness to help were exceptional. I would gladly recommend his services.
Museveni Moise
Fredian is one of the best attorneys I know and I will recommend any and all clients to her
Beatrice Harerimana
I highly recommend Fredian for all of your family law needs!!
Emily Flanagan
Fredian is a compassionate attorney who cares deeply about representing her clients and putting the best case forward.
Anna Herbst
I would highly recommend Paul Waldron! He provided excellent guidance and support throughout my brother’s divorce. His advice was clear, thoughtful, and helped my brother navigate the confusing process.
Sasha Sofonia
Nick Schwarz worked with my aging father as his representation for my guardianship over him. I have worked with several attorneys through out this and other processes. I can say with certainty that Nick stands out as the most approachable, knowledgeable and kind attorney that my father and I have had the privilege to work with.
Nick was always quick to respond to our calls if by the off chance he wasn’t availed to answer when we called. He handled our case as if he was in our position and was dealing with the multitude of issues that come with an aging parent.
I can’t express enough through words my gratefulness for Nick and his firm. I would highly recommend him to anyone looking for an attorney on family law.
Nolan Hatch
Tiffanie and Fredian are the absolute best. I have spent some time in their office and associating with them and feel their commitment to help and fight for all of their clients. I would recommend them for any family law case.
Sean D
Paul helped make this difficult time less stressful by being available when I needed him, giving me sound advice, and ensuring a fair outcome.
lizceth
Fredian is a great advocate! She listens and provides great feedback. If you are in need of an attorney that you can trust, don’t hesitate to reach out to her.
Johnney Sahr
Fredian truly cares about families and works tirelessly to find fair, practical solutions.
Mariana Royalty
Fredian is remarkably smart and such a hard worker. She is very driven and devoted to get clients
erica michelle
I cannot say enough about the level of faith I have in Fredian. 100/100 recommend!!
Kevin Dpop
Fredian truly cares about families and works tirelessly to find fair, practical solutions.
denise elledge
I highly recommend Tiffanie. She consistently demonstrates a high level of professionalism in all interactions. She is incredibly efficient at managing the workload. Most importantly she is incredibly trustworthy and follows through on every commitment.
Leslie Fuhriman
Tiffanie is amazing and so quick with answering my questions! I love the team at Brown Family Law!
Jimmy Jr
I’ve had the pleasure of knowing Fredian personally and professionally and she has never been anything short of a great attorney!
Judy Rader
Brown Family Law’s Mesa office gets the job done. They explain clearly and compassionately the best strategies to solve your legal issues. Tiffanie and Atty. Fredian Tuyisenge are two of the nicest people to have on your side during challenging and stressful times.
Mike Payne
Top notch family lawyers! I’ve sent several clients to them and they have all had good experiences. Fredian is the best!
Troy Bryan
Fredian is an exceptional lawyer. You can trust her to handle your case with care and professionalism. Highly recommend!
Shadia Umuhoza
I was very impressed with Fredian’s expertise and dedication. She made a complicated process simple and stress-fre
Sean P
Atty. Schwarz is a trusted confidant! He not only is extremely knowledgeable of the law but is extremely compassionate when it came to hearing my concerns and addressing them appropriately. I plan on using his counsel whenever I need legal or professional help. Will definitely recommend him to all of my family and friends.
Annika Fox
I personally know Nick and he’s not only a great father to his daughter, but also a great husband to his wife and friend to others. He’s very nice, has a great attitude, and always brings light to the room.
Philly Jordan
Fredian is exactly who you need when you’re facing some of the most difficult challenges and your life feels so upside down. She will be kind and supportive while also advocating for your best interests. 10/10 definitely recommend!
Marcelle Alves
I’ve known Fredian for years and throughout the years I’ve worked with her on various projects. She has always been consistent in getting results being communicative and overall is one of the best advocates I’ve known, she puts her client’s needs above all else and will make sure to do all she can to provide client satisfaction. Fredian is a great addition to Brown Family Law. Couldn’t recommend her enough!
Tommy
Fredian is professional, reliable, and always goes above and beyond for her clients!
Margaret Johnson
I have worked with Fredian and she is fabulous!
Jimmy Ndayikengurukiye
Fredian is not only an overall kind and compassionate person, she is also incredibly intelligent. If you need a lawyer, don’t look any further.
Matt Fraidin
Fredian Tuyisenge was my student in law school. She has tremendous intelligence and skill. I would hire her myself if I were in need of a lawyer.
Kendall Corkum
Cannot say enough good things about Nick Schwarz! Incredibly professional, trustworthy and would hire him again in a heartbeat! Just a nice guy who was extremely helpful!
Rosario Peralta
I have known Fredian for many years. Her dedication and drive as well as compassion for others means that she is the best at her job.
Mirna Mejia
Nick Schwarz is absolutely amazing at what he does! He goes above and beyond for his clients and always takes the time to explain everything clearly. You can tell he truly cares about helping families through challenging situations. I’m so grateful for his support and would recommend him to anyone who needs a kind, skilled, and reliable family lawyer.
Nikkole VanCamp
Nick is trustworthy, professional, and provides top-tier legal service.
Marissa Anzalone
Nick is fantastic! Highly recommend!!
Chambray Colter-Carman
Fredian is truly exceptional! Her efficiency and impressive knowledge make her an unstoppable force in her profession. What truly sets her apart is her wonderful kindness—she provides empathetic support that turns a difficult legal process into a manageable one. I highly recommend Fredian to anyone seeking an attorney with an unmatched work ethic and a compassionate heart.
Milo Quinlan
Fredian was wonderful to work with. Her work effort and dedication is unmatched. She is a compassionate professional whom I would trust with anything.
Gelor Moise
I don’t know anyone who is better at their job than Fredian, she is an active listener, professional, genuine, and most importantly gets results!
linda mcandrew
Nick is an exceptional attorney — bright, hardworking, and truly dedicated to his clients. He has a sharp legal mind and approaches every case with care, integrity, and attention to detail. He’s not only knowledgeable but also easy to communicate with and genuinely committed to doing what’s right. The firm is lucky to have him.
Cheyenne Woods
Fredian is very welcoming and knowledgeable. She is highly skilled at her job and is dedicated to her clients.
Nicole Stoutner
As a family law mediator and attorney I had the opportunity of working with attorney Fredian Tuyisenge on a difficult divorce case. Fredian was smart and professional. She was a strong advocate for her client and obtained a good result. I highly recommend her.
sami lamine
Working with Nick across multiple projects has been a fantastic decision. He is efficient, communicative and always professional. I have no hesitation in recommending him.
Julia Bromley
I worked with Nick Schwarz in the past and he is an amazing lawyer. Very trustworthy and attentive. I would definitely recommend him!
Diamonique ‘DeDe’ Davis
Fredian is one of the hardest working attorneys I know. Her work ethic speaks for itself!
amina chaudhry
Fredian is always diligent, thoughtful and professional. I’d highly recommend anyone looking for a family law attorney to see Fredian.
Sarahyn Reyes
Highly recommend Fredian. She is great at what she does and can be trusted.
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!
Fredian is a talented and knowledgeable attorney. She genuinely cares about her clients and shows professionalism in every interaction. Anyone needing legal representation should consider hiring Fredian as their attorney.