Legal Question in Family Law in Arizona

Stay at home father for 10 years. Wife was the main bread winner. I worked part-time here and there, but never made a third of what she made in a year. She has about 3 times as much credit card debt than I do. All of our debt has been in default for the past couple of years. She was fired from her career job for embezzlement. She received one count of Felony Theft and 1 Misdemeanor Computer crimes as a plea deal and is currently serving a 2 year probation sentence. For good behavior "whatever that is" she has been put on unmonitored probation for the last duration of it. I know she has violated probation plenty of times. I am willing to bet right now if she was drug tested she would fail for Marijuana at least. It took her 10 months from the day she said she was leaving to actually leave. She got together with her parents behind my back and they purchased a home for her to live in and take our 3 children to, leaving me high and dry after I just arranged a new home for us to rent. For the past 2 years she has still worked the most, but only making pennies compared to what she used to make. I have been busting my ass trying to find whatever work I can whenever I can in this economy. I have no savings or assets other than a beat up van with a salvage title. I know she has some savings squirreled away in an IRA. Not much though. We have been living in separate homes now for 2 months. We have not signed any papers or drawn up any contracts between us for anything with the courts at all other than attending one reconciliation meeting that didn't go over well. We haven't drawn up or made an child visitation agreements etc. That's it. That's where I am. I know I know. Contact a lawyer. I don't have a pot to piss in. I am about to liquidate everything I have and try to find free room and board somewhere, go to a shelter or find a really cheap room to rent.

I want to rebuild my shitty life as fast as I can. I was hoping to ride out the debt, and start settlement procedures in a few years to avoid bankruptcy while we were together. But it's not looking like that's going to happen. And really whats the point if I am going to be accumulating more of her debt to override all my efforts?

I obviously have a lot of questions.

Bankruptcy now? Bankruptcy after divorce?

Do I have any chance fighting for the kids?

Do I have any chance of fighting for alimony?

What about me avoiding her assload of debt? AZ is a community property state. Most of her credit cards were obtained before our marriage but we paid them off in full two times and she racked them right back up through out the marriage.

Should I just walk away? lol. I am feeling pretty screwed.

Personally this is going to sound harsh, but if I am going down I don't feel like going quietly. Especially since she is under the impression that divorce will solve her financial troubles lol.


Asked on 3/29/10, 1:26 am

1 Answer from Attorneys
Rich Peters R.J. Peters & Assoc., P.C.

That is far too much information for me to cover by email. We can certainly help you consider and then pursue your options.

We have three attorneys. We charge from $220 per hour to $250 per hour. Our retainers can run as low as $500 for demand letters/phone calls, $1200 plus costs for uncontested matters, or from $2,000 to $4,000 for most contested matters.

We also can structure assistance to help you represent yourself if your prefer.

Please remember that a retainer is just a prepayment of time, and is not an estimate as to the total costs of the matter. If I finish within the retainer, than I refund any unearned amounts.

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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Answered on 4/05/10, 8:07 am


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