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Arizona Divorce Questions & Answers
0 Answers | Asked in Divorce for Arizona on
Q: I have a divorce decree dated 10/6/22. Me and my ex were ordered to split some credit card and loan debts.I live in Az

As of today he hasn't paid anything I've gave him plenty of time..I had the 1 free legal aid service in my area they ended up dropping me when he went to a free ask a lawyer event,and they caught 2 months later I was already a client..They dropped me right before trial not even notifying... View More

0 Answers | Asked in Divorce for Arizona on
Q: Our son lives in Illinois and is currently going through divorce settlement discussions. As it stands right now, my son

has given her their only vehicle. ( he only has a company car that does not allow personal use). My question is if my wife and I give him one of our older vehicles as a gift, will that car have to be include as marital property?

0 Answers | Asked in Divorce for Arizona on
Q: Can someone get back divorce settlement money if they send it to an ex spouse for emergency needs while incarcerated?

Long story short, my dad was allocated $75,000 in a divorce settlement. He was incarcerated for a DUI, but before he went to serve his time he gave his ex wife the money to use in the event of an emergency while he was incarcerated. My sister was a witness to this conversation. Now his ex wife... View More

0 Answers | Asked in Divorce for Arizona on
Q: My spouse attempted to service me by mail from Arizona. It was to California address then forwarded to a relatives

address. I did not sign the certified mail I reside outside of US now. Technically have i been served?

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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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

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: How do I secure spousal support in my divorce?

We have been married for 10+ years. I experienced a significant amount of domestic abuse in the marriage and left the home 18 months ago. I left our 10 year old with his father as my husband ruined my credit and finances. My husband now makes twice as much as I do. He makes so much now that he has... View More

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

You can file a motion for temporary spousal maintenance and ask to receive spousal maintenance while the case is pending. You can also for temporary custody (or, more specifically, temporary legal decision-making and parenting time) and an interim award of attorney's fees.

Domestic...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Which attorney takes the lead in divorce settlement requesting spousal support? Petitioner or Respondents?

Everything else is settled except spousal support. We have been to court 2xs so judge can see how we’re progressing. Very expense!

John Michael Frick
John Michael Frick
answered on Oct 15, 2023

Typically the attorney for the party seeking spousal support will take the lead on questioning because that spouse has the burden of proof. They generally have to introduce sufficient evidence showing they are entitled to support, typically by proving they suffer from some type of disability or... View More

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Do I need a lawyer to make my ex refund alimony he has been cheating me of? Or can it be filed as contempt of court?

I was divorced in GA. I live in Alabama and my ex has a residence in Tuscan, AZ. He has been cheating me of the correct alimony for several years. I am limited financially and would like to know if I woiuld need a lawyer. If not, how should I proceed. I do not mind paying something. I am on SSI, so... View More

John Michael Frick
John Michael Frick
answered on Oct 12, 2023

You should retain a Georgia lawyer in or near the county where your divorce was granted to enforce the alimony provisions of the decree. That will be the lion's share of the legal work. If necessary, after that has been completed, you may have to retain an Arizona lawyer to register and... View More

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Am I entitled to half my doin to b ex wife settlement from accident that

She was with me thru all of it

T. Augustus Claus
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answered on Sep 19, 2023

In Arizona, assets and debts accumulated during a marriage are typically considered community property and are generally divided equally in a divorce. However, when it comes to personal injury settlements, the division can become more nuanced. While compensation specifically for an... View More

1 Answer | Asked in Divorce, Animal / Dog Law and Family Law for Arizona on
Q: Wife, soon ex, won't release Service Dog to me.

Beginning divorce where I was effectively locked out of house while out. While getting necessities I was refused my Service Dog, when I asked Police assistance, wife claimed he was working for everyone in house. Even though 1 dog working for multiple people is not how it's done, police see it... View More

John Michael Frick
John Michael Frick
answered on Aug 11, 2023

In your divorce proceeding, have your lawyer request exclusive temporary use and possession of your service animal. Be prepared to show the specific specialized training your service animal received for your particular disability, and correspondingly that your spouse does not share that disability... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: Mother has residential custody but father has full legal decision making, can court prohibit mom from school?

Recently we had an RMC and father requested a court order to enroll child in a muslim school. Mother opposed but court issued order stating that he has legal decisión making rights. In addition, the court went out of its way to rule that I (mother) not have ANY CONTACT with the school. How is this... View More

Stephen M Vincent
Stephen M Vincent
answered on Jul 21, 2023

Yes, the Court can prohibit you from going to the school.

Yes, you can file a Motion to Reconsider. List out the reasons you mentioned here, but do so more softly. The reasons you mention are all valid ones.

This happened at an RMC? The Court can't make orders at an RMC unless...
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