Legal Question in Family Law in California
Family Law / Separation / Divorce
II have been married for 14 years now (married in 1991 in CA). We got legally separated in 1996 (filed Joint Petition For Summary Dissolution of Marriage). I then moved out of state. About 8 mos. later I sent in the remaining paperwork for the divorce. Years later, we discovered that neither of us had received any divorce documents. He looked into the matter & found out that our case was thrown out because the court claimed that they never received the divorce papers I sent.
My husband is now terminally ill and may only have a few weeks or months to live. I have no idea about his financial situation, but I am concerned about my obligations if he leaves debt behind. We have lived apart from each other and only visited twice for a few hours within these 12�14 years.
Questions: If he has incurred any debt am I legally responsible, although we did not have any contact for over a decade, he has not supported me financially through those years and chosen to have a life with another woman? Would you recommend that I file for a divorce before he dies? Thank you!
2 Answers from Attorneys
Re: Family Law / Separation / Divorce
Technically, under Arizona law, any debt he incurred "during the marriage" is a community debt, for which creditors could pursue you. However, in a divorce proceeding, the Court can order that he maintain sole responsibility for debts incurred "after separation".
Before I could advise divorce vs. remaining married (if it were only a financial decision), I would need to know a lot more.
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 Alicia or my paralegal Jennifer to schedule a free 1/2 hour consultation.
/s/ Rich J. Peters, Attorney
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R. J. PETERS & 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
Re: Family Law / Separation / Divorce
I would recommend you have an attorney review your matter. It may require divorce proceedings, which are seldom quick. The shortest time in Arizona is 120 days. You may want to get temporary orders after the divorce paperwork is filed. Have you communicated directly with him? Can he provide any information about his assets & debts? When you say �Legally Separated� does that mean it was ordered by the Court? A formal court ordered Separation should have allocated responsibility for debts. You should get copies of all California court documents. Good Luck.
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