In the state of Arizona, divorcing couples are required to disclose all assets and liabilities as part of the divorce process. Failure to fully disclose or intentionally hiding assets can result in serious consequences, including jail time. Arizona is a community property state, meaning that all assets acquired during the marriage are considered joint property and must be divided equally between the spouses.
If a spouse is found guilty of hiding assets in an Arizona divorce, they may face not only financial penalties but also the possibility of criminal charges and imprisonment.
If you’ve been caught lying about assets in a divorce, consulting with a specialized attorney like those at Colburn Hintze Maletta is crucial. Their expertise in family law and criminal defense can help navigate the legal complexities and protect your interests.
Contact us today for a free initial consultation to discuss your case and determine the best course of action.
In Arizona, an asset in a divorce encompasses anything with value that was acquired during the marriage.
This can include:
Arizona follows the community property principle, meaning most assets acquired during the marriage are considered joint property and should be divided equally. Separate property, owned before the marriage or received as a gift or inheritance, is usually exempt but must still be disclosed.
Full financial disclosure in a divorce context means that both spouses must fully and truthfully disclose all their assets, liabilities, income, and expenses. This includes:
Arizona law mandates this transparency to ensure a fair division of assets and responsibilities. Failure to comply can lead to legal repercussions.
Perjury is constituted by knowingly making a false statement under oath about material facts .
This false statement must be made with the intent to deceive and must be about something significant or relevant to the case at hand.
For perjury to be established, it is not sufficient for a statement to be misleading; it must be demonstrably false and made by an individual who understands that they are under oath and that their statement is untrue.
You are under oath during legal proceedings when you swear to tell the truth before giving testimony, whether in court, during a deposition, or in certain written documents like affidavits. Being under oath signifies that your statements are made with the promise of truthfulness, under penalty of perjury.
In all these examples, the common element is the intentional and knowing presentation of false information under oath regarding significant matters that affect the divorce’s financial aspects.
Perjury, classified as a class 4 felony in Arizona, carries significant legal consequences to maintain judicial integrity. Convicted individuals may face:
Lying in a divorce case, particularly about financial matters, is taken very seriously in Arizona. The consequences extend beyond legal penalties and can profoundly impact the divorce outcome and the individual’s post-divorce life. Misrepresenting assets, income, debts, or other significant details can lead to a range of repercussions:
In Arizona, a variety of methods are utilized to reveal concealed or undervalued assets, including:
In the world of divorce, forensic accountants are like detectives. They examine financial records, tax returns, and other documents, searching for any discrepancies, unreported income, or irregular transactions that may hint at hidden assets. Their expertise allows them to uncover financial details that may not be immediately apparent.
The discovery process is a fundamental legal procedure in divorce cases, involving the exchange of financial information between spouses. Through interrogatories (written questions), depositions (sworn oral testimony), and requests for production of documents, hidden assets can be brought to light. This process ensures that both parties have access to the same financial information, facilitating a fair division.
Subpoenas are powerful legal tools that compel third parties to produce evidence which can uncover hidden assets. Financial institutions, employers, and investment brokers may be required to hand over financial statements and records, providing a direct insight into a spouse’s financial status.
Sometimes, hidden assets can be discovered through public records. By investigating property registrations, vehicle registrations, and corporate records, assets that a spouse may have failed to disclose can be identified. This method taps into readily available resources to reveal undisclosed assets.
A lifestyle analysis involves comparing a spouse’s reported income against their actual lifestyle and expenditures. This can reveal whether there are undisclosed sources of income or assets, as significant discrepancies between reported income and lifestyle can indicate hidden wealth.
Financial experts, appraisers, and investigators can offer valuable insights and opinions regarding the existence and value of suspected hidden assets. Their professional assessments can be crucial in supporting the case, helping to uncover and quantify hidden assets.
If you’re going through a divorce in Arizona, especially with issues like hiding assets that could lead to both family and criminal legal challenges, consider consulting with an attorney skilled in both family law and criminal defense. They can offer comprehensive legal guidance, ensuring your rights are safeguarded throughout the process. For expert advice and representation, schedule your consultation today with Colburn Hintze Maletta.
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Attorney Darin Colburn has experienced first-hand just how difficult going through a family law matter such as divorce is when his parents divorced when he was 6 years old. Twenty years later, he has devoted his entire legal career to helping those facing similar issues. Darin attended the University of Arizona and graduated Cum Laude from the Eller College of Management. Darin is an experienced trial attorney that excels in high-net-worth divorce, complex business valuations, and messy child custody disputes.
Below are just a few of what our clients have to say!
David Maletta is the absolute best trial attorney in the state of Arizona. He is a kind, emphatic, and extremely patient person. As an attorney, he is prepared, aggressive, and extremely skilled. He is not afraid to go to trial and fight for his clients, like other attorneys that just plead their clients to the original charges. When he is in trial, he flips a switch and goes from a nice guy to a killing machine. He fights for his clients like no one I have ever seen. Watching him do a cross-examination is exhilarating because he is so good it’s scary.
Juanita Pena was very helpful in answering questions regarding family law. She clarified any concerns we had in a cordial manner.
Timothy was a great lawyer. I had a Dui case where I was borderline under the legal limit. Understanding, that everyone’s situation is different. The way Timothy handled my case and explained everything thoroughly made everything great. As stressed anyone may feel in a situation like mine. The way Timothy tackled my case throughout the months, explained what I was facing, and explaining my worst case scenario in a trial situation made me feel confident that I had control of how I wanted to proceed with everything. Never once did I feel any pressure to make a decision. Overall, I would recommend Timothy to anyone else looking for a lawyer that actually cares about your case. I feel he did a tremendous job and was content of my plea bargain outcome.
I hired David Maletta and it was the best decision of my life. His knowledge, genuine interest, overall attitude, and ability to connect with people is incomparable. I could talk about all of this at length. I COULD do all of that, but that wouldn’t do David justice. He first and foremost demonstrates his interest and genuine care for his client. Being in uncharted territory with a criminal charge and nowhere to turn, David’s presence and personality put all nerves at ease. I went through a jury trial with David beside me. The trial ran 3 days and I spent a significant amount of time with David one-on-one. During this stressful time, he wanted to hear my input and thoughts on everything. David was incredible from the first day I met him. Not only is he a great attorney, he is a great person who cares about people and finds justice for his clients. He connects to the human side of people. I can’t put into words how much David cares about the individual in a case. When it comes to the courtroom, there is NOBODY I would rather have defending me than David. Simply put, David gets it on not only the legal side, but the human side. It is rare to find an attorney who cares about you as much as David does. When you run into an issue in life David Maletta is who to call
Mr. Dave Maletta Is so knowledgeable, professional, and all-around the person you want to go to. I left the office feeling secured and more enlightened on what was going on. They handled my case with such delicacy and I would recommend this office If you want people who will take on your case with a strategic and professional approach.
AMAZING communication!! I was impressed by their commitment to going the extra mile for me. Highly recommend!
I just want to share my extraordinary experience with Juanita . Very grateful they took care of my request in a timely manner very quickly and efficiently. I highly recommend her.
Tim is greatly valued by us. He is not only an excellent attorney; he is also a compassionate person who genuinely cares about the outcome of our case and the difficulties we are facing. Tim was always available to patiently answer my queries when traveling and promptly answered my emails and phone calls. We firmly think that Tim’s extensive knowledge of the legal system made him the most qualified person and attorney to help us navigate a difficult situation. Thanks to Tim, we were able to achieve our goals and get the best outcome imaginable. We are so appreciative that words are inadequate. I wholeheartedly suggest anyone in need of legal representation to get in touch with Tim and his company.
CHM is amazing they are great people they helped me with my worries about my case and also they treated me like family from the start and they got great service thank you, guys.
I was facing a probation violation. I’m from Ohio and was sentenced to 4 years probation back in 2016. I violated back in Ohio I picked up another charge and was sentenced to 18 months in Ohio. As soon as I was released Arizona was there to pick me up to come to Arizona to answer that violation. The prosecutor wanted a presumption 5-year prison term. Dave and I went threw the process for 3 months and finally at the end Dave got me reinstated back on probation with 3 yrs credited so I only had to complete 1 yr on probation. Dave had me do a couple extra things the help better my case out I took his advice did community service while waiting for the outcome and did a couple other things, at the end it worked in my favor I recommend Dave service to anyone who is looking for a lawyer n the Arizona area, he is a hard worker him and his associates and they get u the best outcome possible. I appreciate everything he did and it was well work the price. Thanks Dave appreciate it.
I went through a divorce years ago and never felt confident enough to spend the money and energy in getting custody of my son, nor believe it was possible until I met with Alysa and Whittney at CHM. From beginning to end it was about an 18-month-long process, but it was well worth it and I would recommend them to anyone. I can’t thank them enough. Their communication and accessibility was outstanding. Not only did they give me my son back, but they gave him the best possible chance at life! Aly and Whittney, thank you.
Juanita is such a pleasure to interact with. She really knows her stuff and explains everything in great detail!
Colburn Hintze Maletta is an absolute game-changer! Their expertise in both family and criminal law is unparalleled. From the moment I stepped into their office, I felt heard, understood, and confident in their abilities. Their team is incredibly knowledgeable, compassionate, and dedicated to achieving the best possible outcome. They went above and beyond to guide me through a complex legal process, providing clear explanations and unwavering support. I wholeheartedly recommend Colburn Hintze Maletta to anyone facing legal challenges. They are truly the best in the business!
I highly recommend this law firm to anyone going through a family law case. They are awesome. Lauren Bostick was my attorney and she knows how to bring her A-game. She’s smart, driven, and supportive. Even after my case was finalized she has still answered questions for me and has stayed in communication to ensure that all is well. If you hire this firm I hope she is assigned to your case – but you can feel confident with any of the attorneys here. However, Lauren would be who I ask for if I need them again. Thank you Lauren for your support and help through all of my dramatic twists and turns of my case! You did an awesome job.
Their expertise in family law is unparalleled. They provided clear explanations of legal processes, patiently answered all my questions, and always kept me informed about the progress of my case. What stood out the most was their genuine commitment to achieving the best possible outcome for me and my family.
My first engagement with David was for a DUI case, and he was excellent. David was professional, compassionate, and knowledgeable about DUI legislation. He communicated quickly and with great attention to detail. David helped me feel prepared and optimistic about my position. His skills and client-focused approach dramatically reduced my stress and assisted me in achieving a positive conclusion.
I recently engaged the legal services of Attorney Lauren Bostick to finalize my divorce, and I am compelled to share my experience as it was truly exceptional. Going through a divorce is undoubtedly a challenging and emotionally taxing process, but Lauren navigated me through it with professionalism, compassion, and unwavering dedication. From our initial consultation, it was evident that Lauren possessed a deep understanding of family law and a genuine commitment to helping clients through difficult transitions. Lauren exhibited remarkable attention to detail, ensuring that every aspect of my case was thoroughly examined and addressed. She took the time to listen attentively to my concerns, patiently answering my questions and providing clear explanations of the legal processes involved. Lauren has the ability to balance assertiveness in negotiations with a sincere desire to achieve a fair and amicable resolution. Furthermore, Lauren demonstrated exceptional professionalism and reliability throughout the entire duration of my case. She was consistently responsive to emails and calls, promptly addressing any new developments or inquiries that arose. This level of accessibility and responsiveness greatly alleviated much of the stress associated with a divorce. In conclusion, I wholeheartedly recommend Lauren Bostick to anyone in need of legal representation for divorce proceedings. Her combination of legal expertise, compassion, and dedication truly sets her apart as an outstanding advocate for her clients.
The whole process was really informative and helpful Dave and Juanita were the best, I’ll highly recommend them.
