Kristina Cervone

Whether it’s divorce, custody issues, prenuptial agreements or adoption, this veteran-led law firm will help you navigate this challenging time in your life.

Kristina Cervone has over 12 years of experience helping her clients move their lives forward with justice, fairness and compassion.

Serving families throughout Arizona, Cervone Family Law is available to advocate for your special situation.

Phoenix School of Law

J.D. (2010)

Managing Partner

Cervone Law P.C.

2023 - Current

How to Lay a Foundation to Get Your Evidence Introduced in Arizona, Online

February 20, 2024

National Business Institute

State Bar of Arizona  # 028516

Member

Current

New Mexico Bar Association

Member

2014 - Current

Arizona

State Bar of Arizona

ID Number: 028516

Since 2011

New Mexico

State Bar of New Mexico

Since 2014

• Credit Cards Accepted

Q. I started an LLC during the marriage with husband's consent. It was only a few months old when divorce papers served.

December 20, 2023

A: 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 could be divided equitably as a community debt. I would assume that the credit card is in the business name since you said it was a business credit card; however, if it is a credit card that is actually in your name, but you used it for the business, that could be divided as a community debt. The same would apply to the debt associated with the business coach. It ultimately boils down to who is responsible for the debt: you, your ex, or the business. Keep in mind that your ex may argue that although the debt is in your name and not the business, the debt was used for business purposes and therefore, he should not have to pay half the debt. You could argue he consented to the debt since he agreed to start the business. This type of situation is very fact-specific, so make sure to consult with an attorney to discuss all the nuances that may apply to your situation. ... Read More

Q. I went through a divorce recently and the decree states for her to pay out a certain $$. Also it states to refinance.

December 20, 2023

A: 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 remove you from the lien on that property. Therefore, she has to do both: pay you the certain amount owed and refinance to remove you from the loan. Keep in mind that if she can give a compelling argument as to why she did not refinance, some judges may not find her in contempt if she paid you the money that was owed but didn't refinance. Every judge is different, and this type of question can be very fact-specific. So make sure to consult with counsel before you proceed with any type of contempt petition because the exact wording of the order is key and could create a completely different situation. ... Read More