A common concern among my clients as their divorce case is getting started is how are liquid assets such as money and bank balances to be divided.


The general answer is that because Arizona is a community property state, each party is entitled to half of the liquid assets that exist as of the time the divorce case is commenced. 


Occasionally one party will take the full amount and refuse to share it with the other spouse, often financially coercing them into submission because of the lack of funds for food, attorneys fees, and other essentials.  This problem can often be remedied through Court intervention by requesting temporary orders from the Court including dividing up the money.


The Preliminary Injunction, which is issued at the time the initial pleadings are filed, also requires that neither party hide or conceal assets. 


In cases in which money was taken, hidden, absconded with prior to filing, our attorneys can help you make a claim for marital waste to recover the money wasted or taken during the marriage, or request that the Court make an un-equal division of the remaining assets on a theory that the wasting spouse already wasted a part of his/her share of the community assets.


To learn more about how assets should be divided, or how you can protect your assets, please call our office at (800) 899-2730 for a free telephonic consultation or to schedule an in office conference with an attorney.