Legal Question in Family Law in Arizona
I'm going to be filing for divorce. I have the papers almost finished. My husband in the meantime lost his job and is on umemployment. Will I need to put off filing for divorce until he gets a job? I'm afraid I will get stuck with everything since I'm the one working. I live seperate from my husband with our two kids. We live in the state of Arizona. My name is not on the house deed or title and is in short sale right now. I just want to make sure everything will be split 50/50.
2 Answers from Attorneys
Arizona law provides for "equitable" distribution of assets/obligations, which usually means equal. His lack of income could have an effect on child support (and I suppose he might consider making a claim for spousal maintenance), but it really depends on the circumstances. I recommend you speak with an attorney for more specific guidance about your situation.
Whether he is employed will NOT affect the need to divide property and debts equally. His unemployment may affect your or his ability to request spousal maintenance. His unemployment will affect the calculation of child support.
We can certainly help you consider and then pursue your options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation
/s/ Rich J. Peters
RJ PETERS & ASSOC., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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