Are There Legal Ways To Protect Your Assets From A Divorcing Spouse?

The single biggest way in which you can protect your assets from your wife is to make sure that she signs a prenuptial (premarital) agreement before you marry her. A prenuptial agreement provides much flexibility in deciding how assets and debts will be divided during a divorce. Most importantly, you can eliminate or greatly reduce what some call “legal theft” or “financial slavery,” otherwise known as alimony or spousal maintenance. But if it is too late for that, you could try to get her to sign a postnuptial agreement. Postnuptial agreements are permitted in Arizona. But you must proceed very carefully because this is a tricky area of the law.

Can I Get Divorced In Arizona If I Got Married Elsewhere In The U.S.? | Phoenix Divorce Lawyer for Men

Even if you did not get married in Arizona, you can get divorced in Arizona if you are a resident of Arizona. However, the divorce judge may not have jurisdiction over all the issues in your case. For example, if your spouse resides in a different state with the children, and that spouse has resided with the children in that state for at least six consecutive months, the other state is the state that has jurisdiction over the child-related matters. Even if your spouse does not reside in the other state with the children — i.e. if the children reside here in Arizona with you, but the other spouse resides elsewhere and if that spouse has never resided in Arizona, the Arizona court may not have jurisdiction over the other spouse with regard to child support.

Can I Protect Myself From Debt Accrued By My Wife In Our Marriage?

There are ways to protect yourself from the debts of your spouse that are accrued during the marriage. The easiest way is to make sure your spouse signs a prenuptial agreement prior to marriage, but you should not try to do this on your own. Prenuptial (premarital) agreements are complex documents. You do not want to foolishly download some form you find on the web. Doing so can result in a defective document being signed, destroying your plan of protecting yourself from debts incurred by a potentially spendthrift spouse. It is shocking to see how many people are penny wise but dollar foolish. They later regret it when they are forced into financial slavery for years because they wanted to save a few bucks on a prenuptial agreement.

Do The Rules Of Evidence Apply In Arizona Divorce Cases?

Last decade, Arizona experimented with relaxing the rules of evidence. In Arizona, prior to this change, family law cases, such as divorce and child custody cases, were subject to the formal rules of evidence that apply in civil and criminal court. However, this proved to be a hindrance to the efficient disposition of cases, especially those involving self-represented parties. This is because if a person does not follow the formal rules of evidence exactly as required, important information can be kept out of the trial, and conversely, very damaging information could be let in (if the proper steps were not taken to keep it out before it was let in).

Does Infidelity Matter In An Arizona Divorce Proceeding?

In Arizona, if the marriage is not a covenant marriage (see below for our discussion about covenant marriages), it does not matter whether a spouse has cheated, even though technically adultery is still a crime in Arizona, at least as of 2016. The adultery laws are rarely enforced. With the exception of those few covenant marriages that exist in Arizona, divorce is a “no fault” process, meaning that the judge will not be concerned with things like adultery, abandonment, abuse, etc., at least with regard to whether a divorce can be granted and how the assets and debts will be divided.

How Do Arizona Judges Divide Furniture And Other Items In The House?

What most judges in Arizona divorce cases will do is order the parties to divide the household furniture, furnishings, appliances, and other items by one of three methods. The first is the “alternate pick method.” Using this method, the parties go through the house together. The first party puts a green (or whatever color) sticker on an item that he wants. The second party then puts a red (or whatever color) sticker on the item that she wants. They continue alternating in this manner in until all the household contents are divided. The second common method is the “alternate list” method. Using this method, the parties flip a coin to decide which party will make two lists.

Is It Easy To Get Divorced In Arizona?

It is very easy to get divorced in Arizona. Anyone can ask for a divorce and receive one, without having to provide a reason why the divorce is desired. The exception is if you have what is referred to in Arizona as a “covenant marriage.” Covenant marriages are rare; it is unlikely that you have one. If you have one, you would know it, because you would have had to opt-in to the covenant marriage status.

Resources & FAQ’s

Divorce

Undrstanding Divorce
Are There Legal Ways To Protect Your Assets From A Divorcing Spouse?
Can I Get Divorced In Arizona If I Got Married Elsewhere In The U.S.?
Can I Protect Myself From Debt Accrued By My Wife In Our Marriage?
Common Mistakes During A Divorce Proceeding In Arizona
Division Of Assets In An Arizona Divorce Proceeding
Division Of Debts In A Divorce Proceeding
Do The Rules Of Evidence Apply In Arizona Divorce Cases?
Does Infidelity Matter In An Arizona Divorce Proceeding?
How Do Arizona Judges Divide Furniture And Other Items In The House?
Importance Of An Experienced Family Law Attorney In A Divorce Case

Is It Easy To Get Divorced In Arizona?
Is There Any Benefit To Filing For Divorce First In Regard To Assets?
Potential Timeframe For Resolution Of A Divorce Case In Arizona
The Costs Involved In An Arizona Divorce Proceeding
The Things That Are Legally Prohibited In A Divorce Proceeding
What Is Spousal Maintenance And How Is It Determined?
Which Court Will My Divorce Case Be Filed In Arizona?
Who Gets To Stay In The House During The Divorce Proceeding?
Experience of Attorney Ronald Thomas With Father’s Rights Issues
Divorce, Parenting, Child Support, Visitation, And Related Issues
Post-Nuptial Agreements And The Protections That They Offer
Pre-Nuptial Agreements And The Protections That They Offer

Custody

Laws And Misconceptions About Divorce, Paternity, Parenting Time, Custody
What Is The Process of Child Custody And Paternity In Arizona?
Who Can Make Decisions Related To Child Custody?
Do Children Have Any Say In Custody Matters?
What Factors Can Impact Custody Matters Between A Husband And Wife?

How Can Father’s Rights Be Supported In Child Custody Cases?
How Are Parenting Plan Schedules And Details Worked Out?
FAQs About Child Support In Arizona
Child Support FAQs
What Factors May Affect The Father’s Rights In Custody Matters?
How Can Fathers Protect Their Rights In Divorce And Custody Matters?