Get free answers to your legal questions from lawyers in your area.
My husband wanted to file bankruptcy, but he heard in the state of AZ that the debts will just be transferred to the other spouse. However, in a divorce, if I convince him to take all of our debt, is he able to file bankruptcy on all of the newly acquired debt? Or is there some law that states... View More
answered on Oct 5, 2016
He won't acquire any debt during the divorce. Even if he assumed all of the *community* debt, that's debt he's already responsible for at this time. The family court can't transfer any of your sole and separate debt to him.
He can declare bankruptcy but for jointly... View More
I meet residency requirements and would file before leaving the state
answered on Oct 5, 2016
Yes, you are free to leave the state. However, if you have children, the preliminary injunction will prohibit taking the children out of state without the other parent's consent.
Bear in mind that you may be expected to return for personal appearance at preliminary hearings. You'd... View More
I was not paid for my week of sick pay. Ask bout my sick pay a d why I did not get it was told to wait. Then quit and still did not receive payment for sick. Am I owed for unused vacation as well. I worked passed the 90 day requirement for benefits. It has be over a year now.
answered on Jan 25, 2016
No, you're not owed either unless the company has established a provable practice of paying out unused accrued benefits.
.
answered on Jan 25, 2016
Even if you could *prove* the truth, do you really want to deal with the potential litigation? There are several different theories of liability that could land you in court and, even if you're successful, it could cost you tens of thousands of dollars to defend the lawsuit.
Judge ruled 50/50 parenting time w/ 2 kids almost 2 years ago & calculated child support accordingly. Right before the final hearing, Father gave our eldest daughter to me FT and the followng April, gave me our youngest FT. Both reasons being that his GF didn't want the kids there,... View More
answered on Jan 25, 2016
Until the order is modified, you adhere to the original order. If he continues to decline his parenting time, that's fine, but you cannot withhold or impose any restrictions not in the existing court order. Let the court handle it.
We will have been dating for 7 months when I turn 18. My parents agree and so do hers. And no sexual contact or intercourse is intended. We live in kingman, Arizona
answered on Jan 25, 2016
You should stop, immediately. While you can say you'll abstain from sexual contact, it's going to be very difficult to prove should she or someone close to her vindictively report otherwise to law enforcement.
I know it's a difficult situation, but I assure you, the risk... View More
My ex boyfriend is trying to take me to court for my dog. We have not been together for over 4 years. My dog has been with me every single one of those years. I take care of her fulltime. I am the one that feeds her, and takes her to the vet for the last four years. He was not involved what so... View More
answered on Jan 25, 2016
Consult with an attorney. In these cases, it's likely a cease and desist letter from an attorney can avoid any escalation.
I recently made an offer on a co-op apartment via email. The owner accepted my offer, also by email. I filed my application with the corporation, accompanied by a check for $100. The owner and I exchanged many emails. I spent a lot of time and effort preparing a purchase agreement. The two of... View More
answered on Jan 25, 2016
You should consult directly with a civil litigation (contracts) attorney. While it's possible there's an actionable claim here, a contract for real property is not binding without a signature. However, there may be an equitable theory of liability, so please consult with an attorney privately.
I need to know if there is a legal way to prevent him from not signing over the title, as he promised, once it is paid off. I pay for all maintenance, the tag, the payment, everything. He had it refinanced without me on the loan again a few years ago. I don't have contact with him except for... View More
answered on Jan 25, 2016
You can have him affirm your agreement in writing (via e-mail or text). I'd encourage you to avoid being too obvious. Maybe casually discuss the title transfer process and make a joke about the MVD. Otherwise, if he refuses to honor your agreement, you can still prove the car is yours in court... View More
I have a protection order against the father of my kids because he was threatening to kill me and burn down my apartment. also I have the kids under the order of protection. he has appealed it so we have court in a couple of weeks. now he has not physically harmed the kids but I do not trust him... View More
answered on Jan 25, 2016
Theoretically he can quash the order entirely. To preserve the order, you'll need to prove he's either committed an act of domestic violence or is likely to commit an act of domestic violence. If you want to restrict his parenting time due to concerns, family court is a much better venue... View More
people tip on the app all the time and my employer tells us that tip money goes to the foundation they have. but none to us and customers are unaware of this also
answered on Jan 25, 2016
Maybe this is a silly question, since I'm unfamiliar with the restaurant business, but do servers (and other tipped staff, aside from kitchen staff) contribute to the "to go" business at all?
Paternity case post decree proceedings. One parent accused of neglecting the child. CPS records ordered released to the childs best interests attorney for an in camera review. Are the other parties and the parents entitled to participate in the in camera review hearing?
answered on Jan 25, 2016
Unless otherwise specified, it's generally just the court and/or court-appointed personnel. Otherwise the records would simply be released to the parties.
A CAA(LMSW) appointed to a paternity case. If its discovered theres a serious conflict of interest, that the CAA knows personally one parties family. And tailors CAA reports to favor that party. It was brought it to the courts attention in writing and the concerns were dismissed. Asked for a... View More
answered on Jan 25, 2016
Your best bet is to consult with a family lawyer. Without knowing the exact nature of the perceived conflict (knowing the family is probably insufficient), it's difficult to really appraise the case. Most of us offer free consultations, even if you intend to proceed without representation.
I have proof of everything they say and do
I have a custody agreement with my son dad who has had no issues with before up until now. my son dad is involved with a gang affiliated married girl who has felony drug charges on her and is currently on probation and they both make threats. im... View More
answered on Jan 25, 2016
If you can prove the threats, they may support a protective order. I'd be cautious about this, though. Please evaluate whether you truly think it's necessary because if it's found to be needlessly filed, you could be responsible for any costs (including attorney's fees) incurred... View More
answered on Jan 25, 2016
Annulments are only available in very limited circumstances. You should contact a family lawyer to discuss whether you qualify and, if not, how divorce may be able to achieve your legal objectives. Most of us offer free consultations.
Court paper work states 45 days to be reimbursed to me after pmt.The total due was $820.20 due to me. I attempted to set
up a payment plan with him and he totally ignored it and sent what he wanted. I made payment in full of this amount in four payments
starting 4/22/14 and final... View More
answered on Jan 25, 2016
Not unless your order specifically allows it. Generally speaking, your only remedy is to file a contempt action against him when he willfully fails to comply with the order.
I'm a victim of domestic violence and Do I have to file for full custody or do I just wait for him to take me to court. It's been about a month and half that he hasn't see our daughter.
answered on Jan 25, 2016
If the child isn't named as a protected person on the order of protection, you need to modify the family order or else you could be unlawfully withholding or interfering with his parenting time.
answered on Dec 27, 2015
Yes, emancipation is possible, but the individual has to prove independence.
During the time he was at the maricopa burn center. What can I do about it
answered on Dec 27, 2015
It depends what was said. It is unlikely that this was defamatory, but you should consult with a litigation attorney to discuss the situation in greater detail.
My daughter won't let me see my grandchildren.
answered on Dec 27, 2015
No, unfortunately grandparents do not have any inherent rights. However, grandparent visitation can be established under Arizona Revised Statute § 25-409. This is an extremely complex area of the law because the parents' positions are given special weight. If you haven't already, please... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.