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2 Answers | Asked in Divorce and Child Custody for Arizona on
Q: How to consent to added detail in dissolution with minor in AZ without mediation?

I am in the process of a dissolution with a minor in Arizona. The respondent recently added a small detail in her response, stating that the minor children, who are to be split 50/50 between us, can choose to stay with their mother if they are sick. I have no issues with this addition and am... View More

Rich J. Peters
Rich J. Peters
answered on Mar 12, 2025

Mediation might be a very simple method of reaching a final agreement including this term. Although I do not know who you are meeting with as a mediator, if it is with the court, they are likely to draft a consent decree for your signature at that very meeting. However, one way to avoid mediation... View More

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1 Answer | Asked in Divorce, Child Custody and Family Law for Arizona on
Q: Divorce, child custody issue due to husband's instability and drug use.

My husband and I are in the middle of a divorce, and he is demanding visitation with our daughter. He is unstable and a drug addict, with a history of documented incidents involving his substance abuse. We do not have a formal custody agreement in place, and I have been our daughter's primary... View More

Rich J. Peters
Rich J. Peters
answered on Feb 26, 2025

If you believe your daughter may be harmed if Father exercises parenting time, then YES, you need to seek temporary and/or emergency orders. Such is the quickest manner of getting to see your Judge. OR, perhaps a strongly worded letter from an experienced attorney would convince Father to make... View More

1 Answer | Asked in Divorce for Arizona on
Q: What can I get from an emotionally abusive husband that almost lead me to suicide?

I want to divorce my husband and get paid back some of my investment in his house. I fixed the backyard and spent an entire year making it pretty. I want all my furniture and the car he game me. He was very manipulative and controlling, has so much pride, he wouldn't ever accept to be asked to... View More

Rich J. Peters
Rich J. Peters
answered on Jan 28, 2025

His emotional abuse will not affect how property and debt are divided. Under Arizona law, property and debts acquired during a marriage are divided without respect to marital misconduct, such as abuse.

Any improvements made to the home during the marriage, like renovations or upgrades,...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: I don't think I owe my soon to be ex anything

I was a SAHM the majority of our marriage due to two of our children being special needs. There was DV in the marriage. My parents owned a house in AZ and offered for me and my kids to move in in 2015 to get a fresh start. In 2017 I obtained a good steady job. In 2018, their father stopped all... View More

Rich J. Peters
Rich J. Peters
answered on Jan 21, 2025

Because you made payments during the marriage those are technically considered community payments. Thus, since the house was gifted only to you during the marriage , you then were making community payments towards a piece of separate property. Husband can claim reimbursement for "community... View More

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: In a RMC hearing, can the judge make a final ruling then?or will ur be set for trial
Rich J. Peters
Rich J. Peters
answered on Jan 21, 2025

The Court will only enter orders if agreed upon. Otherwise, the Court will try to see what is necessary to move the matter along, and may ask you about mediation and discovery. If the matter is ready for Trial, the Court may schedule deadlines and Trial.

Once the Court swears you in, if...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: Am I liable to pay repo vehicle cost after divorce when the ex wife was supposed to take me off the title?

Ex wife never got me removed off title of her vehicle after being divorced for 3 1/2 yos. She got the vehicle repoed in October 2024 due to no payment and a second vehicle repoed in December of 2024. She has not made any attempts to make payments and now has asked me for 2 separate down payment... View More

Rich J. Peters
Rich J. Peters
answered on Jan 17, 2025

If wife was ordered to take care of the debt related to the vehicle, then that remains true even now, but unfortunately is only binding upon the two of you. It is not binding upon the creditor who can pursue either of you if you were both on the loan. One option that you have is to file a petition... View More

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Ima planning to be a father and this girl wants to have no contact with the baby or custody what papers or do I need to

I'm gonna be a single father and I need papers to ensure she can't just take the baby back or change her mind and she's not pregnant yet

Rich J. Peters
Rich J. Peters
answered on Jan 8, 2025

She can sign a "Consent to Adoption" or "Consent to Termination of Parental Rights". A consent to adopt is irrevocable unless obtained by fraud, duress or undue influence. The consent must be in writing, must be witnessed by two or more credible witnesses OR shall be signed... View More

1 Answer | Asked in Family Law for Arizona on
Q: I need help getting emancipated. 17+1 month, pregnant and was adopted at 9-10 by abusive nana. Baby father is in picture

I live with my nana and I was adopted at 9-10. Since then I was verbally and physically abused. At now 17 yo and 1 month, I am pregnant and looking to move out. I’m 5 months away from graduating and looking for a job. My baby father/boyfriend has a stable well paying job and is looking for an... View More

Rich J. Peters
Rich J. Peters
answered on Jan 6, 2025

Do you work? You have to prove that you can support yourself. I have a brochure I could send you prepared by the Arizona Supreme Court that describes how that works.

In your Petition, ypu must allege, and then be able to prove, that:

- You are or can be self-sufficient...
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2 Answers | Asked in Child Support, Divorce and Family Law for Arizona on
Q: Does substantial income difference between the two parties mean spousal maintenance is required?

I make 60k/yr, spouse makes 100k/yr. We are divorcing with minor children, filing for 50/50 custody and 50/50 property & debt.

He claims that our income difference is figured into the child support and that spousal maintenance only applies if one person cannot financially afford to live... View More

Rich J. Peters
Rich J. Peters
answered on Jan 6, 2025

You absolutely have the right to request spousl maintenance. Spousal maintenance is based upon so much more than just your income. If you review through our statute (google "ARS 25-319"), you can see the other topics.

Arizona also has recently adopted spousal maintenance...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: What knd of divocre can I get n Tucson?

I need sume help

Rich J. Peters
Rich J. Peters
answered on Dec 13, 2024

Divorces are the same in every Arizona county. Every divorce basically will address the same topics:

1. Legal decision making

2. Parenting time

3. Child support

4. Spousal maintenance

5. Division of property

6. Division of debts

A...
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2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: can i get full custody of my children due to they live in a hostile environment in their dad’s house?

my daughter have told me how her dad and wife yelling and screaming. she is force to participate in a sport she has repeatedly told her dad does not want to participate and he refuses to listen and yelled at her. in one occasion, she told him gymnastics class was canceled due to Thanksgiving week.... View More

Rich J. Peters
Rich J. Peters
answered on Dec 13, 2024

You have certainly described some very concerning and disturbing circumstances that your judge would surely want to address. With your initial "Petition for Modification", you could also file a Petition for Temporary Orders. Such is the quickest manner of getting to see your Judge and... View More

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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: What kind of paperwork do I need to file for divorce in Tucson?
Rich J. Peters
Rich J. Peters
answered on Dec 10, 2024

You need to file a "Petition for Disolution".

You can find Pima County forms and instructins here: https://www.sc.pima.gov/law-library/forms/

This is obviously a very important matter. It is possible and allowed to file your own divorce and complete the process without...
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2 Answers | Asked in Arbitration / Mediation Law and Divorce for Arizona on
Q: Is it possible to petition for a divorce in AZ then work with a mediator to divide property?

I would like to file the petition ASAP then work with a mediator to divide property after the petition has been filed. I want it to be on record with the court that I filed. The reason is, I do not want to be held liable for any poor financial decisions my spouse makes, or any poor decisions in... View More

Rich J. Peters
Rich J. Peters
answered on Dec 10, 2024

Of course. Mediating a divorce matter can result in significant benefits over traditional litigation

- can be less costly.

- can me quicker.

- allows both parties control over he outcome.

- allows a better opportunity to preserve the relationship.

- less...
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2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: Should I file contempt of court? Will it hurt my case?

We have a court order to use mediation to resolve issues. We are also ordered to use an app for all communications. This was ordered 5 months ago.To this point it has not been an issue but now there are changes happening to our child’s school due to IEP results and I am being ghosted. If I text... View More

Rich J. Peters
Rich J. Peters
answered on Dec 4, 2024

Perhaps a strongly worded letter from an experienced attorney would encourage him to be more communicative.

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...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My ex wife ask for a ua that I provided the day she asked and another because she wanted it observed now she wants a hai

Hair folical too is this excessive ?

Rich J. Peters
Rich J. Peters
answered on Mar 15, 2024

A hair follicle exam can be a perfect way for you to alleviate any and every concern as it provides a historical assessment of your consumption of anything illegal. But, I would need to know more about your situation to determine whether her requests are excessive. Are there court orders in place... View More

1 Answer | Asked in Family Law for Arizona on
Q: What are my after judgment options to file besides appeal in Arizona family court?

I got a judgment on Dec 19, 2023 and filed Rule 83 to alter amend. Motion was denied and clerk marked it on January 22, 2024. When is still timely to file notice of appeal?

Can I file Rule 84 and or 85?

How will filing Rule 84 and or 85 affect appeal timeline and deadline?

Rich J. Peters
Rich J. Peters
answered on Jan 25, 2024

You need to file your Notice of Appeal on or before the 30th day after the entry of the ruling on your rule 83 motion. You cannot be one day late. Although I don't know the specifics of your matter, and although there are exceptions to every rule depending on the circumstances, I expect that... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: What’s the chance I get full custody in arizona? Left Ohio with my child to be close to my family for more support.

My child was born in Ohio she is now 5 months and we’ve been in arizona for a month. It was mutual for us to come to my home state and come back to Ohio but now I don’t want to come back. I have no support or anyone in Ohio besides father side family. I’d like to stay in arizona. We co parent... View More

Rich J. Peters
Rich J. Peters
answered on Jan 5, 2024

If the child has not lived in Arizona for the greater part of the last 6 months, then Arizona does not have “home state jurisdiction”. Currently, the matter would LIKELY have to be pursued in Ohio. I WOULD NEED TO KNOW MORE to determine if there are other theories that would allow Arizona... View More

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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Is my ex required to provide me with a copy of his medical records and doctors information?

My ex is telling me that he doesn't have to provide me with documents with his doctor's information listed on it, it's basically a letter from his doctor saying that he's unable to work and he said he provided to the courts but he won't give me a copy with the documents he... View More

Rich J. Peters
Rich J. Peters
answered on Feb 4, 2025

If he intends to rely on that documentation and wants the court to review that documentation to make some sort of decision in your child support matter, you must be provided copies. Please Google Arizona Rules of Family Law Procedure "Rule 49" which describes those obligations.... View More

2 Answers | Asked in Family Law and Child Support for Arizona on
Q: Can dad request a modification for child support if I've already submitted an enforcement

I filed for enforcement for child support, dad said he's not working and can't because of medical reasons and has documents (he says) to provide if needed. He informed me that he'll be petitioning to modify child support before hearing to show he's unable to work....what will... View More

Rich J. Peters
Rich J. Peters
answered on Feb 4, 2025

Filing a petition to modify in response to a petition for enforcement is very common. One defense to a contempt finding is to prove that you did not have the ability to comply with the current child support order. So in order to try to take the position that he could not afford to pay, he's... View More

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2 Answers | Asked in Child Custody for Arizona on
Q: What happens if one parent refuses to work with the CAA in a custody battle?

Mother requested CAA for two minor children, father emailed CAA and said he would not pay or participate with best interest as he thought it was stupid

Rich J. Peters
Rich J. Peters
answered on Dec 31, 2024

The CAA will likely alert the Court, either prior to issuing the report, or within the report, that father refused to cooperate. The report will then likely be in your extreme favor. There could also be some manner of financial sanction, reallocation of the CAAs costs (require you to initially... View More

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