Debt Division in Divorce: Equitable Division of Marital Debt

Marital debt is considered “community property” in Arizona.  The debt accumulated during marriage carries equal liability when spouses decide to divorce, regardless of which person incurred or benefited from the debt.  An example is a credit card issued to and used by a spouse without the direct involvement of the partnering spouse.

Equitable division of marital debt requires legal expertise to properly interpret the intricacies of the law in these matters.  Cantor Law Group have proven experience in cases of marital debt. If you are separated and concerned about marital debt during divorce, contact a divorce attorney for a free consultation.  We treat each case in confidence, and provide honest assessment with successful options for fair debt division.

Division of Marital Debt in Arizona Divorce

Division of debt in Arizona divorce cases may be complicated due to the law in Arizona concerning separate and community property.  Cantor Law Group divorce attorneys are knowledgeable in debt division involving divorce cases in Phoenix and the rest of Arizona.

Similar to cases involving asset division, fair division of marital debt requires legal evaluation of specific documents for equitable court judgments.  Relevant documentation may include:

  • Bank account statements
  • Mortgage statements and ownership or title deeds
  • Investment and security portfolios
  • Credit card debt
  • Business records
  • Tax returns

By law, divorce courts are under duty to comply with equitable division of community property and debt so that each spouse in a divorce receives a fair settlement.  In protection of our clients’ rights in these matters, we may use private investigators to obtain information necessary to achieve a fair settlement.

For example, if a spouse is suspected of excessive spending, damaging community assets, and/or financial fraud that may include deceptive concealment or transfers, we diligently obtain the necessary information for rightful claim.

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Cantor Law Group have over 70 years of combined experience , and are therefore aware of the kinds of issues that may threaten civil liberties and client interests.  Our family law attorneys are experts in striving to level the playing field for our clients and in protection of their rights during debt division. Contact a lawyer at Cantor Law Group for an initial free consultation.  We ensure fair treatment in division of marital debt and successful divorce outcome.