Divorcing Later in Life

Divorcing later in life is becoming more widespread. Researchers attribute the growth in the "grey" divorce rate to a number of factors, including a steady rise in life expectancy, women’s growing financial independence and changing cultural values .

Of course, women divorcing after many years of marriage have unique financial concerns, and the stakes can be high. While both spouses in a grey divorce experience a drop in net worth, women often find themselves struggling to pay their bills afterwards, while many men are more likely to bounce back, financially.

Whether your divorce exemplifies a growing trend in today’s society, arises from more conventional circumstances, or even goes against the grain entirely, it’s important that you get legal advice before proceeding. After speaking with a professional on the best way to proceed call us for professional legal document preparation and case management.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call  (602) 896-9020 . Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Most of the time, it’s the woman who initiates divorce.

So who initiates divorce most of the time, men or women?  A Forbes contributor writes:

Many people are surprised to learn that about 2/3 of divorces are filed for by the wife. That number climbs even higher among women who have more economic independence and social acceptance of the choice.
Based on my professional experience, my take on this trend is that even though a man may engage in activities that take a toll on the marriage, he’s usually not inclined to end it himself. By contrast, I’ve seen many women put up with a range of destructive behavior — cheating, drug or alcohol addiction, gambling, emotional or physical abuse, narcissism, or any number of things – until they just can’t take it any more, or until they see that their children are being irreparably affected by it. At that point, they initiate divorce proceedings.

In my practice the Forbes' study matches what we see as well, that women initiate the filing of divorce 2 out of 3 times. This has been the case for us since 1998.  The lesson here is for the men.  If you think your wife will put up with poor behavior indefinitely then your are in for a surprise.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call  (602) 896-9020 . Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

I Can't See My Kids So I am Not Going to Pay Support

I received a call today from a gentleman that was looking to get started on a divorce.  During the conversation I asked, "Do you and your wife have any children together?"

He promptly replied that he did and that his wife moved to another state about six years ago with the children.  He then told me that since she doesn't let him see the kids he refuses to pay her child support.

This is a real tragedy on a couple of levels.  First that the mother of these children will not let the kids have a relationship with their father.  Unless one or both of the parents is a danger to the child the court wants both parents to be involved.

If you are denying access to the other parent you are doing more harm to your children than you are to your spouse.  Using children as a weapon to hurt the other person is cruel and a bit juvenile if you ask me.

The other thing that is really sad and troubling about the above situation is that since mom won't let dad see the kids he refuses to pay support.  Again, the only person you are hurting are your own kids.  Letting your kids live in poverty just to prove a point is senseless and malicious.

Also it is important to point out that if the court should ever learn that one person is denying visitation to the other person they can and have given custody to the other parent.  The court insists that both parents have access to their children.

By denying parental access or to provide for your kids needs is to invite disaster in court.  The other thing to keep in mind is what kind of example are you setting for your kids.  Do you want them to grow up and mimic this same kind of behavior toward your grandchildren?  

Do the right thing.  Think of the children's well-being first.  Put you kids needs ahead of your petty bickering and your need for revenge. The only one you are really hurting are your kids.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Courtroom Decorm

 Some people get nervous when they have to attend a hearing.  Relax, just keep these simple rules in mind and everything will go smooth.

When you are in the courtroom, you want to act appropriately and avoid angering the judge. If you make the judge mad, he or she will remember it, and you don’t want that hanging over you. 

Some tips:

-Dress appropriately, like you’re going to a wedding or church. You can wear jeans, but if you’re dressed nicely, the court will take you more seriously.

-Don’t interrupt anyone. Wait for a break to request to be heard if you feel you’re being ignored.

-Treat everyone with courtesy and respect, even if you don’t think they deserve it. This includes bailiffs, court clerks and assistants, and the opposing attorney or party.

-Don’t get mad, or at least if you do, try to continue to act with courtesy and respect. When you get mad, you lose your perspective, you say things you don’t mean, and you’re likely to get in trouble in one way or another. The depth of your feeling or anger will not win you any points with anyone.  Sometimes in Family Court the judge or the opposing side will try to bait you into loosing your temper especially if the other party alleges that you have anger management issues.  Don't give them the satisfaction by proving them right.  Maintain your cool at all times.

-Thank the judge before you leave, regardless of the outcome.  You never know you may have to appear before this very same judge sometime in the future.

 For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Moving Out of State with the Children

More and more it comes up that people are needing to move out of Arizona because they have received a job offer in another state.  Normally this is good news but when children of divorce are concerned it can be a problem for the parents that have custody.  If the other parent is not in agreement with the move you could be looking at a long court battle.  If you are the other parent then the good news is that the law has been changed to shore up your rights.

There has been some recent changes in the law that protect the rights of parents that do not have custody.  The changes can be found in Ariz.Rev.Stat. 25-408, Rights of Each Parent...

There is a presumption in the law that states that if both parents have joint legal decision making or unsupervised visitation then they are entitled to advanced written notification from the other parent if they plan to move with the children.  Now a lot of people miss the second part of this, "unsupervised visitation"  Some parents think that if they have sole custody (sole legal decision making) that they can just pack up the kids and move.  Nothing could be further from the truth.  Unless there is an order for "supervised visitation"  you can not move without the children unless you give advanced written notice AND you have permission from the court to relocate.  To do fail to do so will cause court sanctions to include loss of custody (Ariz.Rev.Stat. 25-415(B)(3))

Advanced Written Notice

First of all the parent that is planning to move with the children must give the other parent at least 60 day advance written notice if they are planning to move outside of Arizona or more than 100 miles within the state (there is a committee in the legislature as of the writing of this post that is actively seeking to change this law to more than 15 miles within the state).  This written notice must be sent certified mail, return receipt request.  For those of you not familiar with certified mail, return receipt request, this means that you must sign for a certified letter and your signature is then returned to the sender as proof that you received the letter.

After the non-custodial parent signs for the letter he or she only has 30 days to petition the court to prevent the relocation of the children.  After the expiration of the 30 days the only way you can prevent relocation is by showing "good cause".  If you get served or receive notice of the other parent's intent to relocate with the children you must act right away if you wish to prevent this.  A delay can prove disastrous if you wish to prevent the move.

Going to Court

When you get to court the court will determine what is in the "best interest" of the children.  In determining the best interest the court will consider all relevant factors.  They will look at all factors under Ariz.Rev.Stat. 25-403 plus others.

One of the others that I found in favor of the parent seeking to prevent relocation is Ariz.Rev.Stat. 25-408(H)(2), "... not to interfere with or to frustrate the relationship between the child and the other parent or the other parent's right of access to the child.  It would appear to me that the state legislator wants the "Other Parent"  rights to see their children protected.  That they understand that the non-custodial parent has a lot to offer and that the children are not to be removed from the state unless the custodial parent can meet the "burden of proof" as to why it is in the best interest of the children to be relocated.  And the burden of proof is on the moving parent according to Ariz.Rev.Stat. 25-408(F)( "... The burden of proving what is in the child's best interests is on the parent who is seeking to relocate the child. ...").

As one can start to see the moving parent has many hurtles to over come.  One of the more interesting one is the provision that is in most if not all Parenting Plan or Divorce Decree that prohibits the children from being removed from the state;

Ariz.Rev.Stat. 25-408(G), "The court shall not deviate from a provision of any parenting plan or other written agreement by which the parents specifically have agreed to allow or prohibit relocation of the child unless the court finds that the provision is no longer in the child's best interests. There is a rebuttal presumption that a provision from any parenting plan or other written agreement is in the child's best interests." The relocating parent must rebut the legal presumption that the parties' prohibition on relocation is in the child's best interests.

One of the ways that the moving parent could rebut this presumption is by demonstrating to the court that the move is in the best interest of the children because the advantage of the move would improve the general quality of life for the children.    Another way is show that the move will not affect the emotional, physical or developmental needs of the children in a negative way.  However, this last way is a double edged sword because the other parent could argue that it would negatively affect the children.  The other parent could even take it one step further and show the potential effect of the relocation on the children's stability.











































Expected Time Line

As you can see there is no silver bullet when it comes to winning.  It is difficult to relocate with the children if the non-custodial parent is not in agreement with the move.   If you are planning on relocating and the other party is not in agreement plan at least 6 months to a year in advance of your move.  You will need at least this much time to fight the court battle that is ahead of you.  I have seen many cases like this and sometimes it makes me think that the court purposely drags these cases out in order to cause one of the parents to cave in and give the other parent their way.  I am sure this not the court's intent but it makes a person wonder sometimes.  No other cases in my experience take as long as relocation matters.


If you are the other parent and you get served notification of relocation then act immediately without delay or you may find yourself without any recourse in stopping the relocation.

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For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

What is an Arizona Early Resolution Management Conference?

What is an Arizona Early Resolution Management Conference?

Once you have filed a family law case in Arizona, which includes divorce, child custody and paternity cases, the court may set an Arizona Early Resolution Conference (ERC). The Early Resolution Conference is usually scheduled in cases where both parties are not represented by a lawyer. If you or other party has a lawyer the court may set a Resolution Management Conference (RMC).

The purpose of the Early Resolution Conference in Arizona Superior Court is to meet informally with the other party and see if you can reach any agreements regarding the issues in your case. At the ERC you and the other party will meet with a Family Law Case Manager. The Family Law Case Manager is there to act as a neutral third party. They do not have to ability to order either party to do anything. The ERC is not a time to call witnesses or introduce evidence. The Family Law Case Manager may prepare documents including any agreements you have which will be given to the judge to be entered as final orders. If you and the other party agree on everything you could leave the ERC with final orders resolving all the issues in the case.

Resolution Management Conference (ERC) is a conference held between a Family Law Case Manager and both parties involved in a pending Family Court case (divorce, paternity, custody, etc). The conference is held to assist parties in reaching agreements regarding all issues in controversy. If there are agreements between the parties, the Family Law Case Manager will assist in preparing the paperwork that outlines those agreements. If all issues are resolved, final orders will be entered that day and your case will be concluded. You should plan on being at an ERC for 2-3 hours.

How do I prepare for an Arizona Early Resolution Conference?

You will need to file a Resolution Statement with the court prior to the ERC. The court should provide a copy of this document with the order setting the ERC. The court also requires you to meet with the other party and discuss any potential settlements. You do not need to satisfy this requirement if there is an Order of Protection in place against the other person.

What’s the difference between an Early Resolution Management Conference and a Resolution Management Conference?

An Arizona Resolution Management Conference (RMC) is usually scheduled when either or both of the parties are represented by lawyers. While the ERC is scheduled with a Family Law Case Manager the RMC is scheduled before the judge assigned to the case. The RMC usually last no longer than 30 minutes. Just like the ERC you do not present evidence or call witnesses. The judge will review the issues in the case and determine what is necessary to resolve them. This could include a settlement or parenting conference.  The judge will also set a trial date.

What if I am unable to appear on the date in the Order to Appear?

 Any party may request a continuance no less than 2 weeks in advance of the scheduled conference; if prior plans have been made (i.e., jury duty, pre-planned travel, etc.) you can request one by submitting a proper request in writing to the court. You must submit the proper request with supporting documentation or the signatures of both parties. Emergencies can occur; emergencies may include hospitalization, severe illness or death in the family. There is a number on the Order to Appear you can call in addition to submitting your request if an emergency arises.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Grounds for an Annlment

The legal theory underlying annulment is that the marriage was not valid from the beginning, which means a legal marriage never really existed. An annulment, then, returns a person’s status to single, having never been married. Marriages that are subject to annulment proceedings are classified as “void” or “voidable,” and are sometimes referred to as nullified marriages. A void marriage is a void from the very beginning. With a voidable marriage, one of the parties has the right to annul the marriage but has not yet exercised that right. Court proceedings are required to annul a voidable marriage.

It is a common misconception that the annulment process is faster than a divorce. As with divorce, in annulment cases the court will award custody of children and order the payment of child support. The key distinction between a divorce and an annulment is that the divorce terminates a previously valid marriage, whereas the annulment does not involve a valid marriage.

Also another common misconception is that short duration of marriages qualify for an annulment. For example two weeks or a month, does not qualify a marriage for annulment. The dissolution of a valid marriage, albeit a short one, must still be accomplished through divorce proceedings. It is important to understand that the duration of a marriage is irrelevant to the analysis of whether the marriage is void or voidable. Even a lengthy marriage of many years may still be annulled.


The family court will order an annulment if one of the following grounds is established:

1. Mental Illness, Insanity, or Mentally Challenged.  If a person is married while mentally ill, insane, or so mentally challenged that the person could not knowingly and understandingly consent to the marriage, then the marriage is void. Annulments are granted on the premise that marriage is a consensual relationship — the mentally ill, insane, and mentally challenged lack the legal capacity necessary to give their consent to marry. The mental capacity of the person at the time of the marriage is determinative, not some later date in the marriage or time prior to the marriage.

2. Temporary Insanity.  If temporary or periodic insanity is alleged, then the condition at the time of marriage controls whether or not capacity to marry was present. A marriage will not be annulled if it was entered into while the party experienced a lucid interval.

3. Fraud.  If one of the parties was untruthful or misrepresented information for the purpose of inducing the other party into the marriage, then the marriage is voidable and may be annulled on grounds of fraud.

4. Lack of Consent or Duress.  If a person is compelled to marry another under threat of violence sufficient to overcome the mind and will of a person of ordinary mental firmness, then the marriage is voidable and may be annulled on the grounds that marriage is a voluntary, consensual relationship and compulsion to marry is involuntary and inconsistent with consent. Evidence of actual threats of serious violence is required.

5. Intoxication.  If either spouse was under the influence of drugs or alcohol at the time of the marriage, or the complaining party can show there was intoxication at the marriage ceremony to such a degree as to render that person incapable of knowing the nature of the marriage contract and its consequences, then the marriage is voidable.

6. Inability to Consummate the Marriage.  To obtain an annulment for impotency, the complaining party must prove that the other spouse was permanently and incurably impotent when the marriage was entered into, and that the impotence was not discovered until after the marriage took place.

7. Lack of Parental Consent for an Underage Marriage.  Most states have age requirements that must be met for legal consent to enter into a marriage contract. In Arizona, a child under the age of 18 has to have parental consent to marry. If an under-age person was able to obtain a marriage license without court approval or parental approval, then the marriage is voidable and may be annulled.

8. Bigamy. A person commits bigamy by entering into a marriage before the final dissolution of an earlier marriage. The law dictates that a person may only be married to one spouse at a time. Therefore, the bigamous marriage is voidable. A person who marries another knowing that his or her prior marriage has not been dissolved, however, may be guilty of a crime.

9. Incestuous marriage.  In general, all states prohibit marriages between parents and children, between grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, aunts and nephews, and first cousins. Such marriages are void.

10. Same-Sex Marriages.  Arizona does not recognize same-sex marriages which are void. However, same-sex marriages from another state are still subject to annulment.

11. Mock Marriages.  A mock marriage is voidable because it is entered into when both parties have no intention that the marriage should be binding. However, if the couple’s purpose was to accomplish a specific objective in agreeing to marry, such as legitimizing a child, then most courts will regard the marriage as valid and will not grant an annulment.

However, some of the grounds listed above a hard to prove and convincing a judge can be difficult.  If you are unable to convince a judge that you qualify then a judge can dismiss your case and make you start over again if you want your marriage dissolved.

If you are successful in getting your annulment granted both parties forfeit any rights that they enjoyed previously as “married” persons, including the right to marital property, to succession and inheritance, and to spousal maintenance (alimony).

The choice as to seek an annulment or a divorce is a difficult one.  A person should seek the advice of an attorney if they are looking to annul their marriage before proceeding.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Hiding Assets During a Divorce

"My husband and I have not been living together for two years now and he is filed for divorce.  The terms of the divorce in my opinion were not fair so I contested the case.  The court has demand that both of us list all assets, income, debts, and expenses.  He did not disclose that he has a vintage 1965 Ford Mustang that he bought last year.  Also I am sure he is hiding other assets and is not completely honest about his income.  Can he get in trouble for hiding this information from me and the court?  And what happens if he lies to the court?"

The short answer is yes.  It’s a legal requirement of all divorcing couples: Each spouse must openly and honestly disclose all assets (and income, expenses and debt). Unfortunately, though, it seems some people simply can’t resist the temptation to lie or cheat in order to keep at least a portion of those assets solely to themselves.

Many women are surprised to learn just how commonplace it is for husbands to hide assets from their wives. These men use a wide range of dirty tricks so they can:

• Hide, understate, or undervalue certain marital property,
• Overstate debts,
• Report lower than actual income, and/or
• Report higher than actual expenses.

Ultimately, a husband who is hiding assets is hoping to keep more marital property for himself while preventing his wife from getting the fair settlement she’s entitled to. This kind of behavior is illegal in many cases.

I’ve seen estranged husbands engage in these shady behaviors time and time again. In fact, according to the National Endowment for Financial Education, about one-third (31 percent) of US adults who combined assets with a spouse or partner say they have been deceptive about money, and women are more likely than men to say their partner or spouse lied to them about finances, debt, money earned (65 percent vs. 47 percent respectively).

As the NEFE outlines in this press release, the study also found that:

• Nearly three in five of those surveyed (58 percent) said they hid cash from their partner or spouse.
• More than half (54 percent) hid a minor purchase from their partner or spouse.
• An additional 30 percent hid a statement or a bill from their partner or spouse.
• 34 percent admitted they lied about finances, debt, money earned.

But, make no mistake about it: Lying during divorce proceedings is illegal.

In Arizona the rules of family court procedure ensure that when someone signs a court document they are swearing under oath that the contents of the document is true and correct to the best of their knowledge and belief.

When your husband signs an Affidavit of Financial Information–which is required in every contested divorce –he is swearing, under penalty of perjury, he is telling the truth about his finances and disclosing all assets, liabilities, income and expenses. (For instance, he must disclose the stock options he was granted by his employer even if no one specifically asked him if he had stock options.)
When someone lies under oath, he/she can face very serious consequences. Naturally, penalties vary from state to state (and from case to case), but in general terms, the law empowers the courts with a variety of different remedies for such blatant contempt of court. For instance, if your husband knowingly violates asset disclosure laws, a judge could order him to pay your attorney fees and/or fines. Or, he could be subject to a dismissal of his claims. In the most serious cases, your husband could even face incarceration.

In one case a family court judge ruled that a woman had violated state asset disclosure laws because she neglected to reveal she had won $1.3 million in the state lottery . . . just 11 days before she filed for divorce!

The judge in this case determined that the wife had acted out of fraud or malice, and as a result, he awarded all of the winnings to the ex-husband.

In a situation like this since Arizona is a community property state, the husband would have been entitled to receive half of the lottery fortune –if the wife had properly disclosed it. Instead, a judge could awarded every penny of the $1.3 million.

In another scenario, if a husband deliberately hid assets during his divorce’s primary trial period. When assets are discovered after the divorce is finalized, the court can reconsider the property division and awarded the wife all of the found assets.

Hiding assets is not only misguided, underhanded, deplorable it is completely illegal and should be reported immediately.


 For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.