Should you fight the reason if it isn't fair even if you both just want it to be over.
answered on Feb 17, 2022
Using the word fraud in a petition for annulment is very common, and is not necessarily accusing you of anything illegal. To obtain an annulment, he must allege and prove that there was some legal impediment to the marriage. By using the word fraud, he is alleging that there is something he... Read more »
ASAP please
answered on Jan 24, 2022
When you schedule a consultation with an attorney, information exchanged must remain confidential.
A qualified and experienced family law attorney can of course assist you in considering your options
and then getting where you need to be. Most of us offer free, 1/2 hour... Read more »
Question on a 401k that I had prior to getting married. Everything I’ve read is it is separate property and not divisible at divorce. Are the gains from that account also separate property? My wife is saying the 401k balance prior to marriage is separate property, but the gains are community... Read more »
answered on Jan 20, 2022
So long as there were no contributions during the marriage, then every penny of your 401(k) will be considered your separate property. You owned it prior to the marriage, and you alone get to benefit from any increases.
Perhaps you could convince her by asking her whether she would have... Read more »
My rights are fully intact and dad is now in prison and the stepmother is not letting me see or speak to my children can I get the cops and go get my kids
answered on Jan 20, 2022
Presuming that step-mother has no court-ordered rights, she DOES NOT have lawful possession of your children. YOU CAN TRY TO INVOLVE LAW ENFORCEMENT. However, the sheriff is not often willing to simply remove children without a court order to do so. It would be my advice that you file an... Read more »
My babies father is violent, a drug user, a felon & I have documented reports with the police of the abuse. We are not married. I filed an OOP against him, & will be filing one immediately for her against him when she is born. How can I file for child support & still keep 100% full... Read more »
answered on Jan 20, 2022
This is always a very difficult question to answer, because Arizona statutory scheme presumes that equal parenting time and joint legal decision-making is in every child's best interests. But, if you can prove these concerns, you may have a basis to rebut that presumption.
I am... Read more »
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 »
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 »
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.
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.
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 »
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 »
will submit a petition to dispute relocation immediately
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 »
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.
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
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 »
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 »
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 »
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 »
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?
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
Is it pertinent that the defendant is actively looking for legal representation?
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 »
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