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Arizona Divorce Questions & Answers
0 Answers | Asked in Criminal Law, Divorce and Family Law for Arizona on
Q: In Arizona can I make a Police report on a criminal case on a bigamy charge ??

In Arizona can I request a case on criminal charges with the police?? In a bigamy case

0 Answers | Asked in Insurance Bad Faith, Insurance Defense and Divorce for Arizona on
Q: My dad was staying in a hotel that his insurance company paid for while his house was being repaired but he just died.

Me and my sister are his heirs but my mom(divorced) is telling me that since the insurance company is rebuilding part of the house to keep it up to code, that they're actually going to charge for the repairs. Is that really true and what are mine and my sisters options? And does my mom have... Read more »

0 Answers | Asked in Arbitration / Mediation Law, Divorce and Family Law for Arizona on
Q: What can or should I do, my dad just died and was divorced but my mom and sibling are already taking his stuff?

Me and my sister are his heirs but my sister, my mom(divorced) and half brother(her first born) have already started going through his things and I live too many miles away and can't easily get to where him and my sister lived together.

0 Answers | Asked in Divorce for Arizona on
Q: Do I have a case?

I'm looking to get a divorce. We have a business together but I am the sole owner. As of Oct 2021 he refuses to deposit the business earnings into the business account and deposits them in his personal account so I have no access to the funds. Will he be forced to return the funds into the... Read more »

0 Answers | Asked in Arbitration / Mediation Law and Divorce for Arizona on
Q: Married couple has a notarized promissory note between them, and then they get a divorce, Is the note still enforceable?

There is a promissory note signed by both spouses and notarized. They have decided to divorce. Will the divorce effect the enforcement of the promissory note?

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: I received a copy of a Motion to Set and Certificate of Readiness. Do I need to file a response?

I do not agree with what is stated in this motion, I am not ready & I cannot afford legal counsel.

Mike Branum
Mike Branum
answered on Jun 30, 2022

Yes. If you do not respond, the Court can set the matter for trial whether you are ready or not.

Do an internet search for "Arizona legal self-help." There are resources that may assist you in responding.

1 Answer | Asked in Divorce, Estate Planning and Family Law for Arizona on
Q: My husband and I are residents of Arizona. What happens to our house during a divorce?

He solely purchased the house in 2007. We met in 2014. I had our oldest child in 2016. We married in 2017. He refinanced the house in 2018 or 2019 but didn't want to put me on the home loan even though my credit score is consistently in the upper 830s - 840s. Our youngest was born in 2018.... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 13, 2022

The house belongs to him. A.R.S. 25-213(A) reads, "A spouse's real and personal property that is owned by that spouse before marriage ... and the increase, rents, issues and profits of that property, is the separate property of that spouse." As he owned before the marriage and never... Read more »

0 Answers | Asked in Divorce, Family Law and Education Law for Arizona on
Q: School requests complete custody order, not redacted onde that indicates I have custody while 2 other schools acceped it

Two other schools in the area have accepted the redacted version as all they needed was to verify who had custody, which was not redacted. It seems as if the school rep is trying to be nosy and it could be harmful to my son due to the physical and sexual abuse documented in the findings on the... Read more »

0 Answers | Asked in Criminal Law, Divorce, Family Law and Legal Malpractice for Arizona on
Q: How can someone become an intervenor without a motion to intervene? No notice was given to either party.

Dependency consolidated with Divorce "for hearing purposes". Paternal Grandmother (GM) acted as temporary placement. Father was incarcerated, contacted by GM lawyer while already being represented by public defender. GM filed for divorce so In Loco Parentis could be filed. GM Listed as... Read more »

1 Answer | Asked in Divorce, Estate Planning and Tax Law for Arizona on
Q: Can a Trust decide its distributions aren’t community property even when taxed as non passive K1 income & filed jointly?

In the case of divorce - Trust 1, which has a clause that names the beneficiary as spouse A & states distributions are not community property, owns an S corp (an LLC). The S corp paid distributions to spouse A, which were claimed jointly as non passive income in a community property state (AZ).... Read more »

Ilene L McCauley
Ilene L McCauley
answered on May 25, 2022

Unfortunately, you are asking a very difficult question. The answers hinge on the documents currently in place as well as the status of the divorce. The attorney will need to see if there is premarital agreement in place. If so, that agreement may control. We also need to look at the S... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Arizona on
Q: How can I find out if I'm divorced if I have no idea where my wife is she said I Needed to find Jesus 7 months ago

We had a confidential marriage.. and she left for 9 days I had our daughter till she found out she can't get housing without her l. Then she put me in jail cause I had a misdemeanor warrant so she called me to church lead Me to believe that she wonted to work it out with our family,sent the... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Apr 3, 2022

This was filed as a question for Arizona, but I see you're in California. California has a confidential marriage license; Arizona does not. Still, Arizona will recognize marriages legally entered into another state even if their procedures are different than Arizona's.

Read more »

1 Answer | Asked in Divorce for Arizona on
Q: My ex-wife has been engaged for over two years. Anything I can do to discontinue spousal maintenance payments? Arizona

She has twice postponed her wedding date and I feel like it's just so that she can keep collecting spousal maintenance from me.

Randi Sirlin
Randi Sirlin
answered on Feb 9, 2022

Your options will depend on what was ordered by the Court. I recommend contacting an experienced family law attorney.

1 Answer | Asked in Divorce for Arizona on
Q: Are the gains from a 401k account prior to marriage separate or community property?

Question on a 401k that I had prior to getting married. Everything I’ve read is it is separate property and not divisible at divorce. Are the gains from that account also separate property? My wife is saying the 401k balance prior to marriage is separate property, but the gains are community... Read more »

Rich J. Peters
Rich J. Peters
answered on Jan 20, 2022

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...
Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Arizona on
Q: I have a question. I want to divorced my husband I have 3 kids and I don t have a place to go live can he pay for us.

Been married for almost 13 years just started working 3 years ago but I won't make it to pay rent.

Stephen M Vincent
Stephen M Vincent
answered on Jan 15, 2022

Yes, it's possible. You will need to ask for spousal maintenance, and will likely need to ask for temporary spousal maintenance. Whether or not a Court will actually order spousal maintenance is a different question and probably only be answered after a consultation.

1 Answer | Asked in Divorce for Arizona on
Q: My property has been listed in legal documents "divorce" that neither party's have rights too. How do I correct this??

My brothers wife filed for divorce, she states MY brother is sole owner she's not entitled to MY PROPERTY, in her petition for divorce. When this was brought to my attention i contacted wife to explain I own the property which I believe she fully understood this fact, i told her that even tho... Read more »

Rich J. Peters
Rich J. Peters
answered on Jan 4, 2022

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...
Read more »

1 Answer | Asked in Divorce for Arizona on
Q: How much does it cost for me to file for a simple divorce, no assets being contested.
Rich J. Peters
Rich J. Peters
answered on Nov 16, 2021

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.

2 Answers | Asked in Divorce for Arizona on
Q: Is it a good idea to sell our house before we start a divorce? Or do we fill for divorce and then sell the house?
Rich J. Peters
Rich J. Peters
answered on Nov 6, 2021

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...
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1 Answer | Asked in Criminal Law, Divorce, Estate Planning and Domestic Violence for Arizona on
Q: My wife and i had a falling out after 20 years

My wife and I separated in 2018. I couldnt take the abuse from her anymore. In 2019 when driving down the highway she throat punched me and was hitting me one handed while doing 80 mph so I ripped the ebrake in total fear for my life. She was arrested on assault per domestic violence. We owned 3... Read more »

Rich J. Peters
Rich J. Peters
answered on Nov 6, 2021

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...
Read more »

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