Legal Question in Family Law in Arizona
Financial abuse during divorce
Is it true in AZ that after teh divorce papers are served and it is recorded that they are served that all financial holdings between petitioner and respondent are frozen. Meaning neither party can clean out the bank account, go on wild spending frenzies so the other party has to pay for them, cancel any insurance or cuae the other party a financial hardship?
Is there protection for the petitioner if the respondent decides it is OK to run up the credit cards in the amount of say $40,000.00 and then pass it on to the petitioner to pay? Can the respondent actually start having rights to receive child support now even though the divorce is not even final yet and I am paying all the household bills?
I am becoming ever mor in debt because of her wild spending and still having to pay the house payments and bills as well as my own apartment living expenses.
I am in the process of looking for a new lawyer because mine is not doing JACK for me!
In the meantime, do I have any rights or protection to being financially ruined? I hope the law is not that blind!
1 Answer from Attorneys
Re: Financial abuse during divorce
Sent 11/12/2004
First, I certainly hope that I am not your current attorney.
Please know that a line is drawn once a party is served, meaning any debt either party incurs after that date shall remain the sole and separate debt of that party. However, if the OP is charging on credit cards with your name, you may want to take additional steps (via "temporary Orders") to stop the use of credit cards.
I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.
Please call me directly to discuss the specifics of your case, or contact my assistant Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.
/s/ Rich J. Peters, Attorney
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JON C. DAKE & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
602.254-1229 (facsimile)
see our web page at www.familylawaz.com