Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Rich J. Peters
1 Answer | Asked in Divorce for Arizona on
Q: My property has been listed in legal documents "divorce" that neither party's have rights too. How do I correct this??

My brothers wife filed for divorce, she states MY brother is sole owner she's not entitled to MY PROPERTY, in her petition for divorce. When this was brought to my attention i contacted wife to explain I own the property which I believe she fully understood this fact, i told her that even tho... Read more »

Rich J. Peters
Rich J. Peters answered on Jan 4, 2022

I inadvertently hit return on that last answer too soon!

You could file, on your own behalf, a Motion to Intervene, asserting that you need to be a part of the action in order to protect your property rights. Otherwise, you would simply be hoping your brother would be protecting your...
Read more »

1 Answer | Asked in Family Law for Arizona on
Q: My mom claims that in order for my dad to be put onto my sisters birth certificate, they had to be married. Is this true

This is not a emergency question, I am just curious. They were married in 2009 and my sister was born 6 days later and she was born in the state of Az, but they were married in Las Vegas.

Rich J. Peters
Rich J. Peters answered on Dec 16, 2021

No that is not true. His name could have been added to your sister's birth certificate at the time of her birth. He can still be added now, whether by agreement of the parties or through a court order.

1 Answer | Asked in Family Law for Arizona on
Q: husband sol provider dec 2019 unemployment 2020 - 2021 not paying bills @ moms our house forbearance can court make him

He been getting over 2500 month eorkmens comp his mother in mo has more than sufficient incomr she wants him with her wanted him to live her & me alone right after married. He works union plenty work home in az no reson stay i want counciling in AZ both us & order to make him pay bilks i... Read more »

Rich J. Peters
Rich J. Peters answered on Dec 14, 2021

To answer the questions that I see:

1. Arizona does have a procedure by which you can have court ordered counseling.

2. You can ask the court to enter orders regarding "spousal maintenance", so that your judge can assess whether your husband should be assisting you...
Read more »

1 Answer | Asked in Child Custody for Arizona on
Q: Ex wife sent notice to relocate children out of state, it was only one page and no reason for move given, is this legal?

will submit a petition to dispute relocation immediately

Rich J. Peters
Rich J. Peters answered on Nov 18, 2021

Under Arizona law, she cannot relocate with the children without following certain steps first. At least 45 days advance written notice must be provided to you, via certified mail, return receipt requested, or through legal process. She is NOT required to provide a basis.

YOU HAVE...
Read more »

1 Answer | Asked in Divorce for Arizona on
Q: How much does it cost for me to file for a simple divorce, no assets being contested.
Rich J. Peters
Rich J. Peters answered on Nov 16, 2021

Every law firm is of course different. Ours does offer a flat fee for an uncontested divorce. Please email me directly for an exact quote.

1 Answer | Asked in Divorce for Arizona on
Q: My ex filed for divorce I did not respond so he could default he never did the next step. What can I do to be divorced?

Unhealthy marriage domestic abuse I had a restraining order against him fearing for my life. He is now in Prison and I want to be divorced but don’t wAnt him to know my whereabouts

Rich J. Peters
Rich J. Peters answered on Nov 6, 2021

Arizona law does permit you to respond to the divorce while also seeking that your address be protected. Or, if his matter has already been dismissed for his "lack of prosecution", you could start the process over by filing your own petition, again while seeking that your address be... Read more »

1 Answer | Asked in Criminal Law, Divorce, Estate Planning and Domestic Violence for Arizona on
Q: My wife and i had a falling out after 20 years

My wife and I separated in 2018. I couldnt take the abuse from her anymore. In 2019 when driving down the highway she throat punched me and was hitting me one handed while doing 80 mph so I ripped the ebrake in total fear for my life. She was arrested on assault per domestic violence. We owned 3... Read more »

Rich J. Peters
Rich J. Peters answered on Nov 6, 2021

So much to digest there. However, the overall concept of proof is an easy answer. What proof do you have? Pictures? Text messages? Emails? Eyewitnesses? There can obviously be even other methods of proof but I would need to know the details of each event.

Do you have a pending...
Read more »

2 Answers | Asked in Divorce for Arizona on
Q: Is it a good idea to sell our house before we start a divorce? Or do we fill for divorce and then sell the house?
Rich J. Peters
Rich J. Peters answered on Nov 6, 2021

There can be advantages to both. I would need to know more.

Because our market is so hot it certainly may be wise to sell even in advance of the divorce being filed, so long as there is an agreement as to how to handle the net proceeds.

But, if there are other financial claims to...
Read more »

View More Answers

2 Answers | Asked in Divorce for Arizona on
Q: In a divorce can I have my husband op out of dipping into my retirement account

In a divorce can I have my husband op out of dipping into my retirement account in writing and summit to the court? I’m 54now but want to prevent him when i turn 67

Can it be on record through the court?

Rich J. Peters
Rich J. Peters answered on Nov 1, 2021

If the two of your reach and an agreement, then yes he can absolutely waive his interest in your retirement. If it is not part of an agreement, then you cannot compel him to do so in Arizona.

A qualified and experienced family law attorney can of course assist you in considering your...
Read more »

View More Answers

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Is this acceptable when he has joint custody?

Hi, I have a parenting agreement that was done in 2019. We share joint custody. However my son’s father only spends about 16 hours a month with him. Refuses to spend more time. Does not take him to or schedule any doctors appointments. Never calls off work to stay home with him when he is sick.... Read more »

Rich J. Peters
Rich J. Peters answered on May 25, 2021

Certain items of your Orders are always modifiable under certain circumstances, including Legal Decision Making and Parentng Time. Timing is important when pursuing modification of any Orders, and delays can have detrimental effects. The manner of seeking change is through a Petition to Modify.... Read more »

2 Answers | Asked in Family Law for Arizona on
Q: How do i go about getting guardianship of my grandson age 14

I need to get him into school and medical insurance for him. The only thing sent with him was hand written note from my daughter. (Not notarized or witnessed) and his immunization records and school withdrawal letter. My grandson lived in Alamogordo. NM. And i live in Apache Junction, AZ.

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

Will his parent's consent? Or at least NOT object? If so, you can seek Voluntary Guardianship which is very simple and can be exepdited when necessary.

You may ALSO have the right to seek temporary or permanent custody, if you can convince the Court that:

* you stand...
Read more »

View More Answers

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... Read 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...
Read more »

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Have an IV-D Establishment of Support hearing coming up in July. Just wanted to know can I ask for parenting time then?

Mother filed in Wisconsin. She also won sole custody because I couldn't make it to the hearing. She lives out here in Arizona, but says she lives in Wisconsin. We lived together out here 4 years ago and my child was born out here as well. I dont know what needs to be done. If it's... Read more »

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

I am sorry to say that you will not be able to raise parenting time issues at the IV-D child support hearing.

1. File a Petition to Establish Legal Decision Making and Parenting Time.

2. Hire a process server to get Mother served, or mail via certified mail, or ask her to accept...
Read more »

View More Answers

1 Answer | Asked in Family Law for Arizona on
Q: I just got served with a order or protection - and would also like to move with visits that my ex can't keep changing.
Rich J. Peters
Rich J. Peters answered on Feb 1, 2021

You have the right to request a hearing on the order of protection. Please review the Order very carefully to ensure that you do not violate it.

Please call my office soon. We can certainly help you consider and then pursue your options for defending the order protection and also pursuing...
Read more »

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Arizona on
Q: Can an attorney demand that a defendant have a phone conversation

Is it pertinent that the defendant is actively looking for legal representation?

Rich J. Peters
Rich J. Peters answered on Feb 1, 2021

In Family Court, it can be important to show that you have reasonably responded to communication requests from the opposing party's attorney. If you are very close to hiring an attorney, then the opposing attorney should of course await that attorney's contact. However, if it goes days... Read more »

2 Answers | Asked in Child Support for Arizona on
Q: I am paying child support to my ex. My son left his house am i still obilgated to pay child support.
Rich J. Peters
Rich J. Peters answered on Oct 13, 2020

I would need to know more. Is your son emancipated? Over the age of 18? Out of high school? Is he supporting himself?

Please call my office soon. We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better...
Read more »

View More Answers

1 Answer | Asked in Child Support for Arizona on
Q: How do I stop my child support payments? My child is 19yrs old. The mother is in prison and yet I’m still paying.
Rich J. Peters
Rich J. Peters answered on Apr 28, 2020

You need to file a Petition to Terminate Income Withholding Order. In it, we would allege that you have no ongoing obligation and are current in your past obligations. You could also seek a judgment for any overpayments.

Please come in soon. We can certainly help you consider and then...
Read more »

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: I am seeking council on how to legally increase my parenting time to equal parenting time with my children?

Primary residence was granted to my children's father in August of 2018. I was ordered to have parenting time with my children only every other weekend. I was in graduate school at the time of the divorce to try to better myself and make a new life for my children and I which I believe hurt me... Read more »

Rich J. Peters
Rich J. Peters answered on Apr 28, 2020

Arizona does allow you to file a petition to modify parenting time under certain circumstances. I do not know how old your current orders are, but our current statutes lean heavily towards equal parenting time. Pursuant to Arizona law, your Judge will be required, consistent with the... Read more »

View More Answers

2 Answers | Asked in Family Law for Arizona on
Q: My 8 year old granddaughter has lived with me for 6 years Her mom has mental health issues lives in a group home

She recently started dating a guy that has mental illness as well (Suicidal)and they want to live together the only way she can get an apartment by herself is if she has her daughter with her. How can I prevent that?

Rich J. Peters
Rich J. Peters answered on Feb 25, 2020

There are a few options we can discuss. I would need to know so much more. A private dependency petition can be filed with the Juvenile Court and can provide a long-term solution even without Mom and Dad’s agreement. A Title 8 Guardianship is possible, but requires the consent of the parents... Read more »

View More Answers

1 Answer | Asked in Family Law for Arizona on
Q: I have a child custody order for supervised visits from Louisiana,how do I get the state of Arizona to recognize the it
Rich J. Peters
Rich J. Peters answered on Jan 14, 2020

We would need to "domesticate it", which means filing a certified copy along with required documents. It is a very simple process.

More importantly, are you hoping to enforce it here? Modify it here? If so, we would need to discuss jurisdiction issues as well as modification...
Read 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.