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

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... 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

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... 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.

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... 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.

YOU HAVE... View More

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.

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

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... View More

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... View More

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... 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

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... 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

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... View More

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... 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