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...View 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... View More
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...View More
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...View 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... View More
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.
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... View More
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...View More
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... View More
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.
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...View 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... View More
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.
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.... View More
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....View 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.
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
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...View 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... View More
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...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.