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Arizona Divorce Questions & Answers
2 Answers | Asked in Divorce and Real Estate Law for Arizona on
Q: Can a mortgage be refinanced against divorce decree agreement with both parties in agreement to do so?

Decree says I get the house once I'm financially able to refinance. Ex decided he wanted the house and I agreed he can have it. He tried refinancing but was having issues because of the decree. Is there a way to change the decree?

Peter H. Westby
Peter H. Westby
answered on May 29, 2021

Your Decree can be modified by stipulation provided both former spouses agree. I recommend that one of you hire a family law lawyer to assist with this modification.

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2 Answers | Asked in Divorce for Arizona on
Q: I filed thinking we would agree on the settlement, she came back asking for way more than her fair share. Next step?

In her response she came back asking for more money, more property, demanding she stay on my cell phone plan, and I have to keep her on my health insurance. I agree to her request for the health insurance and VA education benefits per eligibility requirements with Tri-care and the VA. I have... View More

Randi Sirlin
Randi Sirlin
answered on May 21, 2021

You should at least have an experienced family law attorney review your new proposal and you should always have an attorney if you have a court hearing.

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2 Answers | Asked in Child Custody and Divorce for Arizona on
Q: My wife and i are currently separated not divorced. She is keeping me from him because I was rude in some way. Help.

My wife and i are currently going through a separation. We have a two, almost three, year old son. Unfortunately we have to agree on a set schedule. After not having him for three weeks my wife calls me saying she will not be able to bring him to me where I live, El Paso Texas and she lives in... View More

Rich J. Peters
Rich J. Peters
answered on Apr 13, 2021

Do you have Court Orders? PERHAPS law enforcement may assist you if you have Orders. However, it is more commopn in my experience that they do not intervene, and instead will suggest that you both need to get the Court incolved.

If there are NO Court Ordetrs, file. File now. She does not...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: My ex wife, who has custody of our 3 kids is moving them out of state without my consent.

Our court paperwork says she needs my written consent but she seems to think that because there has been a lapse in my child support payments, due to me switching jobs and trying to set up wage garnishment for months now (because the last time I tried to mail in my child support obligation it got... View More

Mike Branum
Mike Branum
answered on Feb 24, 2021

Arizona law requires a 45-day notice, in writing, of intent to move out of state. Your parental rights are not directly tied to whether or not you are current with child support.

Child custody matters across state lines (and it sounds like there are three or more states involved in this...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: How can I recieve help with filing for contempt of a Divorce Decree.
Mike Branum
Mike Branum
answered on Oct 7, 2020

If you are in Kileen, Texas, it will be very difficult for you to get personal assistance in your case unless you are hiring an attorney (I presume when you say "help" you are looking for legal assistance without cost). It is difficult to provide much more specific advice because there... View More

1 Answer | Asked in Divorce for Arizona on
Q: How do I get out of a subpoena. I do not want to testify against my brother in his divorce
Randi Sirlin
Randi Sirlin
answered on Sep 22, 2020

The subpoena should have detailed information on it regarding your right to object. However, if you do not have a viable, legal objection, you may be forced to testify. You should consult an experienced family law attorney to assist you with the matter. It is important that you do not ignore the... View More

2 Answers | Asked in Divorce and Family Law for Arizona on
Q: Am I entitled any part of the family owned business.

I was the bosses daughters boss at another job. We ended up getting married but before we got married, the dad asked me to come work for him. I worked there for 16 yrs and ran the place for 10-12 yrs. Parents of wife said that I would always have job if we ever got divorced. Part of the business... View More

Ilene L McCauley
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Ilene L McCauley
answered on Sep 21, 2020

The laws of community property may apply here if your husband had any rights in business. Your divorce attorney can obtain information on ownership of the company. Information may also be available on the ACC website if the business is an Arizona entity. I would strongly recommend you go online... View More

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2 Answers | Asked in Animal / Dog Law, Divorce and Family Law for Arizona on
Q: Divorce and dogs

I am 20 years old and live with my mother. My dad is going through a terrible divorce with my ex step mom. On December 4,2018 my step mom moved out of the house, leaving both of the dogs behind. I was in love with one of the little dogs and wanted to take it in as my own To live with me at my moms... View More

Mike Branum
Mike Branum
answered on Sep 5, 2020

You will be hard-pressed to get an attorney to say with certainty that you could never be ordered to surrender the animal, I will say, however, that it is unlikely. First, she abandoned the animal and animals are considered property. Second, your father can likely only be held responsible for the... View More

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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: I was awarded the home but had until 2012 to refinance and take ex off deed. how do i file to change that date to now

I just need to change that date that was set for 2012 so i can use the decree now

Mike Branum
Mike Branum
answered on Aug 18, 2020

If I understand your question correctly there is nothing to change on your decree. If the property was in both your names prior to 2012 and you were awarded the property in the decree, you need to have your ex execute a warranty deed and you need to refinance the house. Neither of those require... View More

1 Answer | Asked in Civil Litigation, Intellectual Property and Divorce for Arizona on
Q: Our car was in both of our names. She trade in our car for a car in her name only. Can she do this without my signature.

I'm without a car.Is there anything I can do to get my car back from the dealer.

Peter H. Westby
Peter H. Westby
answered on Jul 29, 2020

She can and did do this without your signature. It sounds like your car title was an "or" title. This type of title would allow either one of you to trade or sell the vehicle without the signature of the other. It is very unlikely that you will be able to get the car back from the... View More

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: My daughter lives in Glendora CA She is wanting a divorce. Can she move to AZ with the kids? he works in LA she online.

4 minor children 8yr to 14. Husband has anger issues and has physically harmed the children in past. She wants to move to AZ as she can afford to care for the children better then in CA. She is willing to drive them out to visit their dad. Counseling has started and husband admits he has anger... View More

Mike Branum
Mike Branum
answered on Jul 22, 2020

You present one of those cases where there is a specific legal answer and then there is what is likely in the best interests of your daughter and grandchildren. To avoid any potential legal problems, your daughter should file for separation in California and request leave of the Court to relocate... View More

1 Answer | Asked in Divorce for Arizona on
Q: my husband committed adultery and we have not been together since. He now wants legal separation before divorce

I live in Az he lives in Ga no children and he owns a moving company

Jay Hall
Jay Hall
answered on Jul 20, 2020

It isn't clear what question(s) you have. If he meets the jurisdictional requirements, he can file for legal separation in Georgia. You will want to ask attorneys licensed in Georgia what exactly that would mean for you, how legal separation there compares to divorce, and whether the adultery... View More

1 Answer | Asked in Child Support and Divorce for Arizona on
Q: My child support was ordered before I put my boys in daycare. Can I change my Child support to get more help?

2 boys & i only get 400/month well 372/month since i did des child support assistance and they take some off for the service.

Jay Hall
Jay Hall
answered on Jul 14, 2020

Childcare costs can be added to the child support worksheet, but it is entirely discretionary. This means it is entirely up to your specific judge. The factors that most commonly affect this decision are the comparative incomes between the parents and the parenting schedule. If parents earn similar... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: My wife wants a divorce, we are in AZ and says if I don’t move out, she will with our 19 month old son. Can she legally?

As of this afternoon, I checked myself into a hotel to calm the situation down in the house. There has been no physical altercations in the place I’ve never been involved.

Mike Branum
Mike Branum
answered on Jul 12, 2020

The short answer is yes. One of you needs to file and you need to establish temporary custody orders so that you both know what your rights are concerning custody and visitation.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: If I have sole legal custody, can my ex take me to court to pay for flight tickets when he comes out to see our son?

Ex has no parenting rights but I allow him to see his child. He is asking that I pay half of all flight tickets to make this happen and has threatened to take me to court if I don't pay

Mike Branum
Mike Branum
answered on Jul 1, 2020

As I advise clients on a regular basis, you can take someone to court for just about anything. Getting the court to make you pay for half his travel costs is another matter. You are under no obligation to assist your ex with his travel expenses. If he cannot afford to pay for his own travel... View More

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1 Answer | Asked in Divorce for Arizona on
Q: When filing for divorce and planning to move out of state, where should one file?

Currently residing in AZ with spouse and 4 children. Moved to AZ from MI in 2017. I am planning to file for divorce but also planning to move back to MI with the 4 children. Should I wait and file in MI so that there are no issues leaving the state if I was to file in AZ?

Jay Hall
Jay Hall
answered on Jun 1, 2020

The answer really depends on the anticipated issues in your divorce and your spouse's eagerness to file if you do not. Based on the incomplete information provided, if everything is amicable and your spouse is in no rush to file, you can wait but you and the children will need to live in... View More

1 Answer | Asked in Consumer Law and Divorce for Arizona on
Q: if I leave the house will I be abandoned my kids? My husband is abusive mental and physical.

he lost his job in covid 19

Jay Hall
Jay Hall
answered on May 25, 2020

No, removing yourself from an abusive situation is not abandonment. If you intend to divorce, you should take advantage of a free consultation at your earliest opportunity to discuss how to preserve all of your rights.

1 Answer | Asked in Divorce for Arizona on
Q: Can your soon to be ex husband just say be out in 30 and only take whats your cause he pay for things?

Does he have a right to keep your sons bedroom furniture and tv and computer cause he paid for them and does want them going if needed to his Biological fathers house cause he paid for it all

Jay Hall
Jay Hall
answered on May 25, 2020

Property acquired during the marriage is presumptively community property regardless of who paid for it, unless the funds used were a legally separate source like inheritance or money earned before the marriage. That property must be divided equitably in your divorce.

1 Answer | Asked in Divorce for Arizona on
Q: Can you change a lowered time & amount modification of spousal support back to original decree amount & time duration?

I have come to realize that I will not be able to survive each month with no spousal support. I modified with my ex husband to lower the amount & time duration to 4 years. It was in the original decree to be more money each month & to not end until I remarried. Will I be able to change this... View More

Jay Hall
Jay Hall
answered on May 25, 2020

The modifiability of spousal maintenance first depends on the language of the current orders. If your agreement did not make maintenance non-modifiable, it will be possible to modify. You will need to prove the occurrence of substantial and continuing changes since your last modification. Simply... View More

1 Answer | Asked in Divorce for Arizona on
Q: Is my husband liable for credit card debt after divorce?

I have 2 credit cards that were acquired while we were married, but are only in my name (all debt is paid off, they are at a $0 balance). If I keep these cards, will he be liable for any debt that gets placed on them after we get divorced?

Jay Hall
Jay Hall
answered on May 25, 2020

No, debts assumed in one (ex) spouse's name only after the date of service of a divorce petition will be separate property of that individual.

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