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Questions Answered by Rich J. Peters
1 Answer | Asked in Divorce and Family Law for Arizona on
Q: I want a divorce. I don’t want my spouse draining our savings if I don’t file before telling him. Can he do that?

I’m afraid if I tell him before I file he will spend our savings account. I know filing freezes assets. But I also need to tell him soon, perhaps before I’m able to file. I just need to know if he starts spending from our savings account recklessly if he will be required to still pay half the... View More

Rich J. Peters
Rich J. Peters
answered on Jan 24, 2019

Technically, any charges/debts incurred PRIOR to service of the Petition for Dissolution ARE community debts. Technically, he is permitted to spend community funds any time he wants to PRIOR to being served. But, when you add the word "recklessly", I would say that we could pursue our... View More

1 Answer | Asked in Family Law, Child Custody and Identity Theft for Arizona on
Q: How do I find if someone has filed guardianship, POA, or anything else pertaining to me in court

Ex has taken all of my information and done identify theft and opened many accounts in my name. They forged my signature. And tell everyone I’m crazy. There may be a will or trust now

Rich J. Peters
Rich J. Peters
answered on Jan 21, 2019

You can check here:

http://www.superiorcourt.maricopa.gov/docket/ProbateCourtCases/caseSearch.asp.

Or maybe here:

https://apps.supremecourt.az.gov/publicaccess/caselookup.aspx?AspxAutoDetectCookieSupport=1.

If there is more I can do to assist, please let me know.

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Can an ex-spouse petition the court to modify a divorce dissolution where there are no installment payments?

My dad was convicted and sentenced to 80+ years in 2016, his divorce from second wife was final in 2012. She is petitioning the court to remove the clause in their divorce that states my father was entitled to 50% of her retirement that accumulated over their 7 year marriage. She was instructed by... View More

Rich J. Peters
Rich J. Peters
answered on Jan 21, 2019

I would need to now so much more. TYPICALLY, it is very difficult to modify the terms of a Divorce Decree which divides property. What is she claiming is the basis to modify? Did your Father owe her other monies that she is claiming were unpaid?

Also, when was the estate served with her... View More

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