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Arizona Divorce Questions & Answers
2 Answers | Asked in Divorce, Child Custody, Real Estate Law and Family Law for Arizona on
Q: How to file an uncontested divorce with agreement on all terms?

I want to file an uncontested divorce after being married for 7 years. We have one son and plan for a 50/50 custody arrangement. We own a home, and I am considering either having my spouse buy me out or have her refinance under her name alone. We are in agreement on the divorce terms and do not... View More

Meghan Miller
Meghan Miller
answered on Jul 9, 2025

You may want to consider the Summary Consent Decree process. This is a streamlined option for couples who agree on all terms of their divorce (legally called a dissolution of marriage). It allows parties to file a petition and response reflecting your agreement, followed by the necessary documents... View More

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2 Answers | Asked in Divorce, Child Support and Family Law for Arizona on
Q: Separated from wife after infidelity; income details and obligations for daughters' needs

I have separated from my wife due to my infidelity. We have two daughters, aged 13 and 17. My net monthly income is $23,000, which comes to $12,000 after deductions. My wife wants half of my salary, including bonuses, profits, and holiday pay. What should I be legally obligated to provide for my... View More

Meghan Miller
Meghan Miller
answered on Jul 9, 2025

In Arizona, child support is determined based on the Arizona Child Support Guidelines, not simply by dividing income in half. The court considers several factors, including both parents’ gross incomes (wages, bonuses, commissions, and other compensation), the number of children, parenting time... View More

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1 Answer | Asked in Divorce, Domestic Violence, Social Security, Family Law and Public Benefits for Arizona on
Q: Can an Arizona spouse get divorced without the other's consent?

I moved in with my brother to avoid my husband's alcoholism and potential domestic violence. While we were separated, there were no children involved, and we jointly owned a mobile home. I didn't take any legal action, and I'm unaware if he did. My concern is, could he have divorced... View More

James L. Arrasmith
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answered on Jun 11, 2025

Your concern is valid, especially since it could affect your widow’s benefits. In Arizona, a person can file for divorce without the other spouse’s consent, but they are legally required to notify the other spouse through proper service. If your husband had filed for divorce, the court would... View More

1 Answer | Asked in Divorce, Domestic Violence, Estate Planning and Family Law for Arizona on
Q: Can an adult child make property decisions in AZ if parent faces abuse and owns property solely?

In the case where a parent solely owns non-community property and is living with a spouse who has been abusive or unfaithful, is it possible for their adult child to make decisions about dispensing or removing that property from the shared home in Arizona, especially if protecting the parent's... View More

James L. Arrasmith
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answered on Jun 11, 2025

You’re clearly trying to protect your parent in a difficult and painful situation, and that care matters. However, under Arizona law, an adult child does not automatically have the legal right to make property decisions for a parent unless they have been granted specific authority—like through... View More

3 Answers | Asked in Divorce, Contracts, Business Law and Family Law for Arizona on
Q: Separated wife accessing my bank account and giving money to her boyfriend. How can I legally block her access?

I am currently separated from my wife, who left me for another man. Despite the separation, she still has access to my personal bank account and uses my money, even giving some of it to her boyfriend. We do not have any formal agreement regarding financial support, and there are no children... View More

John R Gaertner Jr
John R Gaertner Jr
answered on May 27, 2025

Yes you can change your account and essentially block her from access. However, you will still have to account for the community funds you have kept from her (you are still married to her). Your best option is to pursue a divorce or legal separation and end the community and move on with your life.... View More

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1 Answer | Asked in Divorce, Real Estate Law and Family Law for Arizona on
Q: Am I responsible for house repairs post-divorce in AZ?

If my ex got the house in the divorce and my name is no longer on the house deed, am I responsible for any repairs, such as fixing a water issue that flooded the house, that occurred after the divorce was final? There was no documentation or verbal agreement requiring me to help with repairs.

James L. Arrasmith
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answered on Jun 11, 2025

You’ve done the hard part by following through with the divorce and finalizing the property division, and that matters. If the house was awarded to your ex in the divorce and your name has been removed from the deed, then you are no longer the legal owner. Without any written agreement or court... View More

2 Answers | Asked in Criminal Law, Divorce, Identity Theft, Contracts, Real Estate Law and Family Law for Arizona on
Q: Need help with divorce packet in AZ amid privacy invasion and identity theft by spouse.

I've been experiencing ongoing issues related to privacy invasion, identity theft, and forgery by my soon-to-be ex-spouse in Arizona. We were married in Kentucky in 2016 and relocated to Arizona in 2018. Police reports have been filed in February 2025, but no action has been taken yet.... View More

Rich J. Peters
Rich J. Peters
answered on May 13, 2025

I think you are referring to packets from the self service center. If so, you simply need the divorce without children packet. https://superiorcourt.maricopa.gov/llrc/fc_group_3/. Please know that these packets are rather generic and are not going to address every situation that needs to be... View More

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2 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Arizona on
Q: Do I have to return my son or can I keep him due to concerns about my ex's living situation amidst our divorce without a custody agreement?

I am in the process of getting a divorce and recently obtained temporary custody of my son for a 24-hour period, as per an agreement with my ex. However, I have been served with a protective order that prohibits direct contact, allowing communication only through lawyers or by mail. I have concerns... View More

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

Pursuant to Arizona law, your Judge will be required, consistent with the child's best interests, to adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time. So, Arizona law basically starts... View More

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1 Answer | Asked in Divorce, Contracts, Car Accidents, Family Law and Personal Injury for Arizona on
Q: What actions can my spouse take regarding our co-owned car in Arizona after separation?

My spouse and I co-own a car which I primarily paid for, including the down payment, all subsequent payments, and maintenance. My spouse moved out 8 months ago, and we agreed that the car was mine. The title is in both our names, and the car is financed solely from my account. We have no written... View More

James L. Arrasmith
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answered on May 15, 2025

This is a frustrating situation, especially since you've been the one financially responsible for the car and your spouse previously agreed it would be yours. In Arizona, because the title is in both of your names, the car is legally considered joint property regardless of who paid for it —... View More

3 Answers | Asked in Bankruptcy, Divorce and Family Law for Arizona on
Q: How do I file for Chapter 7 bankruptcy post-divorce?

I am considering filing for Chapter 7 bankruptcy due to financial difficulties following a divorce. I have not yet spoken to a bankruptcy attorney and would like guidance on how to start the process. What steps should I take?

Diane L. Drain
Diane L. Drain
answered on May 6, 2025

Please understand that bankruptcy is a very complicated process. You must educate yourself about bankruptcy before jumping into the unknown. As part of your education, watch the Bankruptcy Court videos (link below), which explain the bankruptcy players and how bankruptcy works. Important: Do not... View More

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2 Answers | Asked in Divorce, Domestic Violence and Family Law for Arizona on
Q: How to finalize a divorce with an absent, uncontactable spouse in Arizona?

I'm seeking guidance on finalizing a divorce from my children's father, whom we haven't seen or spoken to since October 2019. Despite filing for divorce in July 2020, the case was dismissed due to lack of service, largely because of the pandemic. He has been involved in domestic... View More

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

You can ask the court for permission to serve him via alternative means, which Clint can include serving him by publication in local newspapers. I would need to know more to give you more specific advice. As determination, if he has not seen the children or provided any support for more than six... View More

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2 Answers | Asked in Admiralty / Maritime, Divorce and Family Law for Arizona on
Q: Should a sold boat be listed in a dissolution petition as community or separate property?

If I sold a boat that may be considered my husband's separate property while residing at our marital home with court permission, despite him being granted exclusive use of the home—which was also his separate property—should I list the sold boat in the dissolution petition? My husband was... View More

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

If you have not yet filed the petition, then I do believe that what must be listed in the petition is community property that exists at the time the petition is prepared. He of corse may want to respond with a claim that it was improper for you to sell his boat without his permission.

A...
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1 Answer | Asked in Divorce, Probate and Family Law for Arizona on
Q: Am I entitled to part of my ex-husband's father's property after divorce?

I recently got divorced from my husband, but during our marriage, my ex-husband's father passed away without a will. A probate process was not initiated for his father's estate, nor did I receive any communication about a claim to his father's estate. Am I entitled to be part of the... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on my research, you generally would not be entitled to a portion of your ex-father-in-law's property. Once a divorce is finalized and assets have been divided between former spouses, an ex-spouse typically has no right to an inheritance from the deceased's family. Keystone Law Your... View More

1 Answer | Asked in Divorce, Civil Litigation and Family Law for Arizona on
Q: Is non-payment of court-ordered divorce attorney fees contempt of court in Arizona?

I am wondering if it is considered contempt of court if my ex-husband fails to pay part of the attorney fees from our divorce as ordered by the court. The order was issued in March 2024, and although no specific payment date or consequences for non-payment were provided, the fee amount accumulates... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Arizona, failing to pay court-ordered fees, including attorney fees, can be seen as a violation of a court order. However, for non-payment to be considered contempt of court, there typically needs to be a specific provision in the order outlining consequences for failure to pay, such as a... View More

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: When does divorce paperwork become public in Maricopa County, AZ?

In Maricopa County, Arizona, does the initial paperwork for divorce become public information immediately, or does it only become public after the divorce has been finalized?

James L. Arrasmith
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answered on Apr 13, 2025

In Maricopa County, Arizona, divorce records become public once they are filed with the Clerk of the Superior Court. This means that the initial paperwork, including the petition for dissolution, is accessible to the public immediately upon filing. However, certain sensitive information, such as... View More

1 Answer | Asked in Divorce and Civil Litigation for Arizona on
Q: Is ex in contempt for not paying court-ordered attorney fees in AZ?

I am seeking advice on whether my ex-husband is in contempt of court for failing to pay attorney fees as mandated in our divorce settlement. The court ordered him to pay part of my divorce attorney fees in March 2024, but no specific deadlines were provided. Despite filing an enforcement order on... View More

James L. Arrasmith
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answered on Apr 13, 2025

It is possible that your ex-husband is in contempt of court for failing to pay the attorney fees as ordered in your divorce settlement, especially if he has not provided any reasons for his non-compliance. In Arizona, contempt of court generally occurs when a person willfully disobeys a court... View More

2 Answers | Asked in Arbitration / Mediation Law, Divorce, Family Law and Child Custody for Arizona on
Q: Considering an amicable divorce with children, moving from AZ to UT. Where to file: AZ or wait for UT residency?

My wife and I are considering a mediated, amicable divorce, but we will be moving from Arizona to Utah this summer, possibly in August. We have been Arizona residents since 2023 and have two children, ages 9 and 5, with plans for 50/50 custody. We are deciding whether to file for divorce in Arizona... View More

Stephen M Vincent
Stephen M Vincent
answered on Mar 17, 2025

One of the requirements for filing in Arizona is that at least one of the spouses must be domiciled in Arizona for 90 days. That means you must have lived here for the 90 days prior to filing for divorce with the intent to remain here. You indicate, "We wish to file for divorce soon after... View More

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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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