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.

Divorce and Health Insurance

In a recent study that is shedding light on the issues of divorce and health care, a new study estimates that 65,000 American women become uninsured each year as a result of marital dissolution.
Indeed, among married women who had health insurance and then divorced, 17 percent were uninsured six months later. There was also a big shift among divorced women from private insurance to public insurance, such as Medicaid. After divorce an estimated 115,000 women each year lose private coverage, the study reported, but many are bailed out by government programs.

The loss of insurance was especially prevalent among divorced women who’d been covered as dependents on their husband’s health insurance. In this group, 23 percent were uninsured six months after divorce. Another risk-factor for ending up without coverage: being too affluent for government insurance programs but not affluent enough to afford costly private coverage.

Since many employers drop spouses from the their health insurance rolls this leaves women to depend on COBRA.  COBRA is temporary and expensive.  It is so costly that many women go without insurance.  To combat this many women are asking the court to compel their husbands to carry a separate health insurance policy and name them as a beneficiary.

Note: By way of perspective, last year about 48.6 million people were uninsured, the Census Bureau has reported.

 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.

When You May Need a Lawyer in a Chapter Seven Bankruptcy

Attorney, Steven R. Elias, in the book, Your New Bankruptcy Will it Work for You?  Answer this question.

Mr. Elias says most chapter seven bankruptcy sail through without a hitch.  However, there are some situations in which you may need some help from of bankruptcy lawyer:

Your average income over the last six months before you file is more than your state’s median income, and it looks like you won’t be able to pass the means test.

You want to hold onto a house or a motor vehicle and they exceeded the allowable exemptions.

In cases where you want to get rid of a student loan or an income tax debt that wouldn’t normally be wiped out in a bankruptcy unless you convince the court that it should be discharged.

A creditor files a lawsuit in the bankruptcy court claiming that one of your debts should survive your bankruptcy because you incur debt through fraud or other misconduct.

The bankruptcy trustee seeks to have your whole bankruptcy dismissed because you didn’t give honest and complete answers to your questions about your assets, liabilities, and economic transactions.

The U.S. Trustee asked the court to dismiss your case-or force you into chapter 13-because your income is high enough to fund a new chapter 13 repayment plan, or because the trustee believes that your filing it is an abuse of the chapter seven bankruptcy process or other reasons.

You have recently given away or sold valuable property for less than it is worth.

You went on a recent buying spree with your credit card (especially if you charged more than $550 on luxury goods within the last 90 days).

You want help negotiating with a creditor or the bankruptcy court, and the amount involved justifies hiring a bankruptcy lawyer to assist you.

A creditor is asking the court to allow it to proceed with its collection action despite your bankruptcy filing (for instance, a creditor wants to foreclose on your house because you’re behind on your mortgage payments).

You are being evicted by your landlord because you are behind on your rent.

While it is obvious that most people can handle their own chapter seven bankruptcy case with the assistance of a professional, like the paralegal it isn’t right for everyone.  It never hurts to get some legal advice before proceeding with a bankruptcy.

For more information call Discount Divorce and 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.

Bankruptcy Can Unfreeze Frozen Bank Accounts

My bank account was frozen on Friday.  If I file bankruptcy how long will it take to unfreeze my account?

The simple answer according to many attorneys that have posted answers on LawQA is two to three days after the court sends out notifications to all of your creditors in a bankruptcy proceeding.

For more information call Discount Divorce and 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.

Who Gets the Family Pet in a Divorce

When couples call it quits, the question of who gets the family’s pet can be very difficult to resolve  because judges are not going to make determinations on issues like pet visitation and pet support. That can be a hard pill to swallow for some people.  I get it, I have a dog, a cat, a bird and some fish.  Like most people I love animals and it is painful to loose them but pets are property in the eyes of the law. Pets are no different from any other piece of property like a chair or a table.  Judges will not take the time in their busy schedule to hear arguments over something as insignificant as a dog.  I know that sounds harsh but that is the long and short of it.

Now if your animal is very valuable such as a show-horse or a dog bred for competition judges will make a determination regarding who will be awarded this type of pet.  They make that decision based on factors such as who originally acquired the animal or who will provide the more stable home.

I think a lot times pet owners are better served if they can reach an agreement that they can both live with concerning their pets prior to filing for divorce.  As with all cases if it goes to trial there are three ways a case can be resolved; your way, your spouse's way, and the judge's way.  Two out of three are not your way so compromise is a good policy in the end with regards to your pet or any other issue in a divorce 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.

Divorce or Bankruptcy; Which Should I File First?

Every case is different and legal advice should be sought before deciding but most of the time filing for Bankruptcy first makes more sense in a lot of cases.

Imagine yourself at your kitchen table looking over your debts. You and your soon-to-be ex have agreed quite amicably to divide up the debt evenly and fairly. So far so good, right? You have your debts, she has her debts and all the judge has to do is rubber stamp the agreement. What could go wrong? The main thing that can foul up your best-laid plans is that your divorce agreement is binding upon you and your spouse, not upon your creditors.

That's right; they can do whatever they like and while it is true that most creditors will usually work with you, there are some things you need to remember:

• Debts incurred during the marriage are the responsibility of both parties.
• If your ex fails to pay their debts, you will be stuck with them.
• If your ex files bankruptcy and you do not, you will be liable for the debt.

One answer to these potential problems is to file bankruptcy before you file for divorce. This strategy does have certain advantages. It will save you money and make your divorce more straightforward. However, it requires that you and your spouse cooperate. If that is not possible, or if you think your spouse is hiding assets, then you may have to consider other avenues to protect yourself, like filing on your own without your spouse.

Doing some research for yourself is the best way to go. There are legal remedies that will keep you from being hit with your ex's bad debt.

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.

Child Support Agreements

I get calls all the time with parents that tell me that they are in agreement on everything and that there will be no or very little child support.  I think it is great when divorcing couples want to have a peaceful divorce.  It's a nice change to have a divorce free of drama and nastiness.  The only problem is that what you want regarding child support may not be what you get.

The court’s sole interest in your agreement is to ensure that it is fair to all parties, that the interests of the child or children are protected and that the agreement conforms to the mandatory child support guidelines.

I understand that it is not easy to find the ‘magic’ dollar amount of child support that makes both divorcing spouses happy. In most Arizona divorce cases, the parent with primary child custody feels short-changed on child support payments. At the other end of the spectrum, it is common for the noncustodial parent to feel as though they are constantly being hounded for more and more money. This constant struggle can lead to feelings of resentment and anger – two emotions that can prevent spouses from achieving the fresh start that they deserve.

To try and eliminate as much conflict over child support payments as possible, it’s important for divorcing parents to first understand the different elements that go into Arizona child support arrangements, such as:

- The child’s necessities;
- The capacity of each parent to pay child support;
- The ability and earnings of each parent; and
- The time that each parent spends with the child.

Once these elements are understood it is easier to find an agreed upon amount.

The bottom line is that the court will take all this into consideration when determining whether or not your agreed upon amount is fair.  The court reserves the right to reject an agreed upon child support amount if it is too far askew from the state's guidelines for support.

If you are considering an agreement for child support it would be prudent to first consult with a professional before proceeding.  This will save you time, money and bad blood between the parents.

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.

Current State Bankruptcy Laws Allow Arizonans to Keep More Assets

Current state bankrutcy laws in Arizona may allow residents to be able to shield more assets from creditors during bankruptcy than filers in other states, according to some sources.

In a recent court decision, the Ninth U.S. Circuit Court of Appeals ruled against bankruptcy trustees who tried to argue that filers can only keep life insurance policies and annuities if the beneficiaries of those policies are minor children.

The judge, however, said that Arizona bankruptcy laws may allow filers to keep the value of their life insurance policies, even if the beneficiaries are not minor children. During bankruptcy, filers are often allowed to keep a number of exempt items.

In Arizona, for example, Chapter 7 bankruptcy filers are allowed to keep a vehicle worth a certain amount, their wedding rings, and other important pieces of property.

But whether filers can keep the proceeds of life insurance policies is a relatively unsettled area of bankruptcy law, so the Ninth Circuit Court of Appeals had to step in.

The appellate court dealt with two cases. One involved a woman who named her adult daughter as beneficiary of three life insurance policies worth $40,000. The other case involved a woman who also listed her adult daughter as the beneficiary of a $33,000 life insurance policy.

In both cases, the adult daughters were not dependent on their parents. As a result, in both cases, the trustees claimed that the policies should not be exempt from liquidation.

And a court at the trial level sided with the trustees, claiming that federal laws allow the trustees to gather assets like life insurance policies that are not intended for minor beneficiaries.

The appellate court, however, overturned the lower court, citing an Arizona law that allowed bankruptcy filers to exempt life insurance policies, regardless of who those policies will eventually benefit.

And the court ruled that, in this case, state bankruptcy laws trumped federal laws, which reveals just how confusing some of the interplay between state and federal rules can be in bankruptcy court.
The case also reveals why so many Americans choose to contact a bankruptcy lawyer before marching into bankruptcy court - the uncertainties of the laws can make heading into court alone a daunting task.

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.

How Often Can I File a Bankruptcy

This is a question I get asked all the time.  Unlike most topics if you do a Google search you will find that many attorneys are in agreement on this topic.  This may be because the Bankruptcy Code is clear in its wording regarding this issue.

If you have filed a previous bankruptcy and you received a discharge, the Bankruptcy Code specifies certain time limits as to when you can file bankruptcy again and obtain a discharge. If your case was closed or dismissed, however, and you did not obtain a discharge in your previous bankruptcy case, then you can file another bankruptcy again without restriction. The following time limits are built into the Bankruptcy Code.

Previous Chapter 7 Bankruptcy: If you have previously received a Chapter 7 bankruptcy discharge, you can file bankruptcy again and be entitled to another discharge in the following situations:

• Filing a Chapter 7 Bankruptcy: If you need to file for Chapter 7 bankruptcy after you have obtained a Chapter 7 discharge, you will have to wait 8 years from the date you filed your previous Chapter 7 bankruptcy. The 8 year time period starts from the date that you filed your previous Chapter 7 bankruptcy. Example: if you filed your previous Chapter 7 bankruptcy in  October of 2004, then you would be eligible to file another Chapter 7 bankruptcy and obtain a complete discharge in October of 2012.

• Filing a Chapter 13 Bankruptcy: If you need to file for Chapter 13 bankruptcy after your have obtained a Chapter 7 discharge, you will need to wait 4 years to obtain a complete discharge. There are certain situations in which it may be advantageous for you to file a Chapter 13 right after a Chapter 7, even if you cannot obtain a full discharge in the subsequent Chapter 13. If you file within 4 years, however, any unsecured debts not discharged in the previous Chapter 7 will also not be discharged in the Chapter 13. The 4 year time period starts to run from the date you filed your previous Chapter 7 bankruptcy. Example: If you filed your Chapter 7 in Octoboer of 2008, then you would be eligible to file a Chapter 13 bankruptcy and obtain a complete discharge in October of 2012.

Previous Chapter 13 Bankruptcy: If you have previously received a Chapter 13 bankruptcy discharge, you can file bankruptcy again and be entitled to another discharge in the following situations:

• Filing a Chapter 7 Bankruptcy: If you need to file a Chapter 7 bankruptcy after you have received a Chapter 13 discharge, you will need to wait 6 years from the date of filing your Chapter 13 bankruptcy to receive a full discharge. You may be able to obtain a full discharge of your unsecured debts in a Chapter 7 bankruptcy, even if you file within 6 years, but you must have paid your unsecured creditors 70% or more during your previous Chapter 13 bankruptcy. Otherwise, you will need to wait at least 6 years from the date of filing your previous Chapter 13 bankruptcy to file a Chapter 7 bankruptcy and receive a discharge. Example: If you filed your Chapter 13 in October of 2006, then you would be eligible for to file a Chapter 7 bankruptcy and obtain a complete discharge in October of 2012.

• Filing a Chapter 13 Bankruptcy: If you need to file another Chapter 13 bankruptcy after you have received a Chapter 13 discharge, you will need to wait 2 years from the date of filing of your previous Chapter 13 bankruptcy. Example: If you filed your Chapter 13 in October of 2010, then you would be eligible to file another Chapter 13 bankruptcy and obtain a complete discharge in October of 2012.

If you file a new bankruptcy case before the statutory time period has elapsed since your previous bankruptcy, you will not be able to obtain a complete discharge of your debts in your new bankruptcy case. Achieving the maximum benefit from the bankruptcy discharge should be your main goal for filing an Arizona bankruptcy.

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.

Do I Need My Tax Return for Filing a Bankruptcy?

One of the fundamental eligibility requirements for filing either Chapter 7 or Chapter 13 bankruptcy is that you must be current in tax return filings. You cannot file for bankruptcy if you are behind on filing your tax returns. You can, however, file bankruptcy if you have filed your tax returns but you have not made all of your required tax payments to the IRS.

You only need your most recent tax return plus the past two years when you file for Chapter 7 bankruptcy. For expample if you are filing in 2012 you would need the tax returns for 2011, 2010 and 2009.  If you don't have a copy of your tax return then you can request a transcript from the IRS. The transcript is basically a summary of your tax return. If you haven't filed a tax return for the most recent tax years then you will need to do that before you are eligible to file for Chapter 7 bankruptcy.

At the time of your intial appointment with Discount Divorce & Bankruptcy we do not need to see your tax returns.  We only need the following items:

1.             Our questionnaire. 

2.             A copy of any law suits you have been served with. 

3.             A photo ID, such as a driver’s license. 

4.             A copy of your credit report if you do not know who all your creditors are. We recommend using Advantage Plus Credit Reporting, Inc., Cost for a credit report $33

5.             Our fee of $199.  (We accept all forms of payment except personal checks.)

 

Your tax returns will be need after your bankruptcy documents have been prepared by us.  We recommend Larry Bird (602) 375-9644) for preparing tax returns.

 

If you have not filed your taxes, your bankruptcy case can be dismissed before it really even gets going. If you have tax returns that you have not filed, take the time to get them filed prior to filing your bankruptcy case. It will save you time, money, and aggravation.

 

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.

A Case for an Invalid Marriage; Annulment

While many people have a general idea of how divorce works in Arizona, they may not understand the difference between divorce and another way to dissolve a marriage: annulment. It is important for couples to understand the difference between the two to determine what option best fits their situation.

Unlike a divorce, which ends a marriage, an annulment invalidates a marriage so it is considered as never having occurred in the eyes of the law. A marriage can be annulled for a variety of reasons. A union may be considered invalid if one of the spouses is under the legal age required to marry, if one or both of the spouses do not have the physical or mental capacity to marry or if either spouse has an undissolved prior marriage.

Other reasons why a marriage could be considered invalid include marriages between blood relatives, marriages in which one or both spouses were intoxicated at the time of the union, marriages between individuals of the same sex and marriages in which one spouse misrepresented their commitment to a certain religion.

*** Resources and Additional Information ***

 

Annulment FAQs

 

Religious Annulment

 

Entering into a marriage without good faith; possible grounds for annulment.
 

In order to get an annulment in Arizona, there must have been something called an impediment that renders the marriage void. A.R.S. § 25-301. “Void” as used in this statute includes “voidable” and grounds for annulment are not limited to those specified by A.R.S. § 25-101.

A void marriage is defined by A.R.S. § 25-101 as a marriage "between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the one-half as well as the whole blood, and between uncles and nieces, aunts and nephews and between first cousins" or "between persons of the same sex." A void marriage is a nullity. Though it has no legal validity an annulment action is necessary to establish its invalidity as a matter of record.

A voidable marriage continues until a party exercises his or her right to have it annulled. Some examples of situations that may qualify as “voidable” are an undissolved prior marriage, one party being underage, a blood relationship, the absence of mental or physical capacity, intoxication, the absence of a valid license, duress, refusal of intercourse, fraud and misrepresentation as to religion.

The jurisdictional requirements and procedure for obtaining an annulment are the same as for a divorce. A.R.S. § 25-302(A).

The court will divide the property of the parties and determine matters concerning the children of the marriage. A.R.S. § 25-302(B).

It should be noted that legal annulments are not the same as religious annulments.

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.