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Questions Answered by Kristina Cervone
1 Answer | Asked in Family Law and Divorce for Arizona on
Q: I started an LLC during the marriage with husband's consent. It was only a few months old when divorce papers served.

There is debt associated with the business (a business credit card and money we owe a business coach). I am no longer working on the business, having had to get a job since my estranged husband agreed to be the breadwinner while we got the business up and running. When he left, I had limited... View More

Kristina Cervone
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answered on Dec 20, 2023

In general, business debt follows the business. So whoever retains the business takes that debt with the business. It is usually calculated into the equity of the business when determining its value. However, if the debt is not in the business name but in one of the parties' name, the debt... View More

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: I went through a divorce recently and the decree states for her to pay out a certain $$. Also it states to refinance.

If she is able to pay me out but not refinance, is she held in contempt? It also states to sell property if she can’t meet the court’s ruling. Please let me know, thank you!

Kristina Cervone
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answered on Dec 20, 2023

For someone to be found in contempt, the facts must show that the person knew about the order and willfully disobeyed the order. Based on what you stated, it appears the court is most likely trying to accomplish two goals with its order: pay you the equity in the property that your ex retained and... View More

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