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7537 East McDonald Drive
Scottsdale, AZ 85250

Arizona's Divorce Law Firm
Our solutions include:

  • · Marital Waste
  • · Divorce and Legal Separation
  • · Asset and Debt Division
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Marital Waste

When it comes to dividing assets in a divorce Arizona courts are required to divide property “equitably” without regard to martial misconduct. An “equitable” division is generally regarded as a 50/50 split of property. However, Arizona divorce law allows a spouse to recovery a portion of the value of an asset in cases where the other spouse has engaged in wrongful conduct under the concept of marital waste.

Scottsdale Marital Waste Lawyer

Marital waste is a complex and often difficult issue to identify. As Phoenix and Scottsdale martial waste lawyers we can help you identify whether or not your spouse has engaged in wrongful conduct which you are rightly entitled to be compensated for. Contact the Daly Law Firm, PLLC at (480) 607-8308 to schedule a free consultation to evaluate your case.


What is Martial Waste in Arizona?

Arizona Revised Statutes provides that during a divorce the Court may consider the following factors when determining an “equitable” distribution of property:

  • Excessive or abnormal expenditures
  • Destruction of property
  • Concealment of property
  • Fraudulent disposition of community property
  • Fraudulent disposition of joint tenancy property

Conduct that falls into any of the above categories may be considered marital waste. Examples of marital waste may be excessive gambling or intention destruction of property in anticipation of divorce. The spouse that is alleging marital waste has the burden of making a prima facie case. The mere fact that your spouse has made a poor investment does not mean that he or she has committed marital waste. Generally, martial waste involves wrongdoing by a spouse, not just bad judgment.

Under Arizona law a court is specifically allowed to consider things like excessive or abnormal expenditures when splitting community property. If you believe your spouse is wasting assets contact the Daly Law Firm, PLLC to schedule a free consultation with a marital waste attorney.


Daly Law Firm, PLLC - Phoenix Marital Waste Attorney

The Daly Law Firm has the knowledge and experience to help you identify and pursue martial waste claims. If you are going through a divorce in the Phoenix area, including Scottsdale, Fountain Hills, Cave Creek, Mesa, Gilbert, Chandler or Tempe let me help you protect your assets. Contact an experienced Scottsdale divorce lawyer by calling the Daly Law Firm at (480) 607-8308.

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