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Arizona Divorce Questions & Answers
0 Answers | Asked in Child Custody and Divorce for Arizona on
Q: Are you able to provide divorce services Pro Bono or reduced fees?

We have 1 child 15 years old and own a house

0 Answers | Asked in Divorce, Personal Injury, Animal / Dog Law and Domestic Violence for Arizona on
Q: Can I get help divorcing the abusive spouse of 24 years & sue for extensive loss, pain & suffering simultaneously?

I am the criminalized survivor of a dv incident on 9/23/23. my spouse nearly killed me when I tried to stop him from driving very drunk. The case is in mental health court in Tucson & I could use help filing charges since I was grievously injured, not him.

Partnered for 32 years, his... View More

0 Answers | Asked in Divorce for Arizona on
Q: My husband fraudulently divorced me. What are my options?

All of the paperwork in the divorce are purged and forged. Signatures have been forged. I was never served papers of the divorce. Dates surrounding the divorce and after, I was present with my husband.

0 Answers | Asked in Divorce for Arizona on
Q: What proof do you need divorce by abandonment?

A client's spouse move to Mexico 15 years ago and the client is now trying to sell his Arizona home.

0 Answers | Asked in Divorce for Arizona on
Q: Need clarification on order rejecting consent decree

Just wanted to know exactly what I need to do and what needs to be resubmitted so the process doesn’t get dismissed or get drug out longer

0 Answers | Asked in Divorce, Civil Litigation and Small Claims for Arizona on
Q: Can I petition for alimony after a divorce?

Spouse was the bread winner for 22 years. I was homeless during the divorce and didn't know any information regarding court dates... Is there a way to petition for alimony after the fact? Maybe file a claim?

0 Answers | Asked in Divorce for Arizona on
Q: Divorce law prevents removing someone from auto insurance until the final decree. Respondent refuses to pay half?

Respondent refuses to pay half of the insurance policy or phone bill which is in my name, do not want to pay for 6 months of auto insurance for someone who will not be around,he is moving out of state end of the month, can I at least remove him from phone bill?

1 Answer | Asked in Divorce for Arizona on
Q: How can I get someone in Arizona look at my husband’s W-2 for income? Thank you for your assistance.

We have no money to pay an attorney. He is a radiology technician at Banner Del Webb & everyone is afraid of him. He has women in & out in front of his 4 & 7 year old children.

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

If you file a joint tax return, order a copy of the complete return from the IRS.

1 Answer | Asked in Family Law and Divorce for Arizona on
Q: I recently went thru a divorce in Az..In the decree we were ordered to split the debts owed

My ex isn't paying his share of debt ordered in our final decree.I have wanted to file contempt but there's no contempt papers on debts owed all I get is contact a lawyer..I'm not sure why cause it's a contempt on what the judge ordered...Can anyone explain this to me where I go from here

Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

I certainly understand your frustration because it seems like contempt should be the right vehicle for your situation.

The answer to your question is complicated and confusing: Property division (which includes the allocation of debts) are not enforceable by contempt proceedings. They can...
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1 Answer | Asked in Child Custody and Divorce for Arizona on
Q: Is a Divorce decree final if there are open unresolved matters and there is an RMC scheduled? When is a decree final?
Stephen M Vincent
Stephen M Vincent
answered on Apr 15, 2024

A divorce decree is final in Arizona when all of the following criteria are met:

1. The Decree has resolved all issues related to the Petition for Dissolution.

2. The Decree states no matters remain pending.

3. The Decree states it is entered under Rule 78(c).

4....
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1 Answer | Asked in Divorce for Arizona on
Q: How does the Arizona courts assess the duration of a relationship prior to marriage in divorce.

I am seeking clarification on how Arizona courts assess the duration of a relationship prior to marriage in divorce proceedings. Specifically, I am concerned about the impact of the 8-year period during which I supported my then-fiancé's government career before we officially married.... View More

Stephen M Vincent
Stephen M Vincent
answered on Apr 15, 2024

The only period that matters for purposes of a divorce is the time that you are married. What happened before the marriage should not factor in.

1 Answer | Asked in Contracts, Criminal Law, Divorce and Personal Injury for Arizona on
Q: I need a lawyer to write up a demand letter.

I'd rather explain in person if I could bc it'd be a lot easier. Bc there is a lot involved and not sure what direction to go with this issue. Civil Rights, Domestic Violence, interference with business relationships, Cyber stalking, Hacking, spying, tampering with personal properties,slander

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2024

An Arizona attorney could advise best, but your question remains open for three weeks. It could be difficult for attorneys here to offer their services or a consult, as you mention your preference to explain in person. You'd need to reach out to attorneys. In addition to your own independent... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Divorce and Tax Law for Arizona on
Q: need pro bono lawyer to help me clear a dv warrant against me & to press idv charges against my abuser, Can you help?

I was determined to be the instigator. He got superficial scratches. I flew backwards through the air and broke my foot in 6 places in an attempt not to break my neck, head or worse. The whole situation started because he was driving drunk and I tried to take the keys of our car away from him. I... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024

To find a pro bono lawyer who can assist with your situation, you can start by contacting legal aid organizations in Arizona. These organizations often provide free legal services to those who qualify based on their income and the nature of their legal issues. They may be able to help you address... View More

3 Answers | Asked in Bankruptcy, Divorce and Family Law for Arizona on
Q: Is 401K money protected in a chapter 7 bankruptcy from creditors. I am owed 401K money from my ex, and haven't received

I was told to contact bankruptcy lawyer. It was ordered in separation agreement and divorce, but he has not done the QDRO for me to receive my portion. Can I begin QDRO while the bankruptcy is in process? Will I lose the money? Thank you.

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023

Once you receive the money, so long as you leave the money in the 401(k) (or rollover IRA) and don't withdraw it, the funds will be exempt (protected). You should consult a local attorney (preferably one with both bankruptcy and Arizona family law experience) about the timing and procedure for... View More

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1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: Can I use current temporary orders in place of original petition in a divorce default hearing?

Husband was ordered to complete a drug program, drug testing, and psych evaluation that was not completed.

T. Augustus Claus
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answered on Dec 27, 2023

In the context of a divorce default hearing in Arizona, you may have the option to use current temporary orders, particularly if your husband has failed to comply with the court-ordered drug program, testing, and psych evaluation. The non-compliance with these orders could significantly impact the... View More

1 Answer | Asked in Family Law and Divorce for Arizona on
Q: I started an LLC during the marriage with husband's consent. It was only a few months old when divorce papers served.

There is debt associated with the business (a business credit card and money we owe a business coach). I am no longer working on the business, having had to get a job since my estranged husband agreed to be the breadwinner while we got the business up and running. When he left, I had limited... View More

Kristina Cervone
Kristina Cervone pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023

In general, business debt follows the business. So whoever retains the business takes that debt with the business. It is usually calculated into the equity of the business when determining its value. However, if the debt is not in the business name but in one of the parties' name, the debt... View More

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: I went through a divorce recently and the decree states for her to pay out a certain $$. Also it states to refinance.

If she is able to pay me out but not refinance, is she held in contempt? It also states to sell property if she can’t meet the court’s ruling. Please let me know, thank you!

Kristina Cervone
Kristina Cervone pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023

For someone to be found in contempt, the facts must show that the person knew about the order and willfully disobeyed the order. Based on what you stated, it appears the court is most likely trying to accomplish two goals with its order: pay you the equity in the property that your ex retained and... View More

2 Answers | Asked in Divorce and Family Law for Arizona on
Q: In divorce in Arizona, asking for spousal support, no agreement has been reached. Two court dates nothing reached.

I cannot afford to continue. How to cancel my attorney? End the divorce with out getting spousal support. Everything else is agreed upon.

T. Augustus Claus
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answered on Oct 23, 2023

If you're in an Arizona divorce case involving spousal support and want to stop the proceedings, start by discussing your intention with your attorney. Review your attorney-client agreement for guidance on the termination process, and follow the specified procedures. Ensure open communication... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: How can I obtain a new hearing due to a variety of circumstances?

Going through a divorce and in a custody battle with my husband. He is a functioning alcoholic and weedhead. In our Temporary Custody Hearing last Wednesday, the father was cross examined by his attorney and she asked if he smoked or drank and he said no. When court ended, I found a post on her... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 23, 2023

- MOTION TO REVIEW NEW EVIDENCE: The answer is probably no, but you can give it a try by filing a Motion for Reconsideration. You'll need to explain (1) why you don't produce this evidence at trial because the Court can't consider newly discovered evidence that could have been found... View More

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