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Arizona Divorce Questions & Answers
1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Arizona on
Q: I filed a motion for reconsideration today based on ARS 95a and ARS 83b after being ordered to pay 2k for TI at RMC

RMC was a circus. BIA and TI not present. Father making wild allegations with no evidence. Judge had tech issues and could not access electronic records to review our motions. Court made orders based on hearsay and wording on order says “MOTHER shall provide requested paperwork to TI and payment... View More

Stephen M Vincent
Stephen M Vincent
answered on Jul 19, 2023

I'm not sure what your question is, but I certainly wish you well on the Motion to Reconsider, as the judge should consider your ability to pay for services. I hope the public defense office can foot most of the bill.

As an aside and just as an FYI: Hearsay is permitted in family...
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1 Answer | Asked in Bankruptcy and Divorce for Arizona on
Q: I am filing chapter 7 and am including 2 debts from more than a decade ago… a 2009 cell phone bill of $980 and…

…$7000 Military Star Credit Card debt. Both debts are individual accounts only in my name, but were acquired while married to my wife during yrs 4-6 of our marriage in AZ, a community property state. Both debts were personal items that I only purchased and used, and not shared such as clothes,... View More

Timothy Denison
Timothy Denison
answered on Jul 19, 2023

Unless your wife signed on them as guarantor ( instead of authorized user), the creditors can never go against her to try and collect the debt. Your discharge should end it all.

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Arizona on
Q: How can i request to remove legal decision making rights from DV father abuser granted by judge this past March 2023?

For some ODD reason, during a hearing in family court, the judge believed father and though i retain custodial/residential custody of our 9yr old daughter— my joint legal decision making rights were handed over to father (full legal decision-making) and reason was Judge believed i weaponized OOP... View More

Stephen M Vincent
Stephen M Vincent
answered on Jul 19, 2023

I certainly understand how difficult it can be when a judge makes a ruling that is not at all in your child's best interests. I certainly do not believe that you should have lose legal decision-making.

Unfortunately, there is not much you can do right now.

If the order came...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Can i pay for Court ordered TI with my Health Insurance?

My health insurance United healthcare dual complete - covers a LOT - and i want to know if I can pay my Therapeutic Interventionist with my insurance?

Stephen M Vincent
Stephen M Vincent
answered on Jul 20, 2023

You're asking the wrong people. That's a question for your insurance company. Without having a copy of your insurance policy, we cannot say whether you can or cannot.

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Arizona on
Q: How do I present new evidence in a mediation case?

Meditation hearing is coming up in August and I want to change to asking for full custody since my child expressed to me that there has been physical abuse towards them by the other parent. The other parent has already been physical towards me which documented by police response. I have called DCS... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 18, 2023

Note that I practice law in OHIO and do NOT practice in Az. I am an officer on the Ohio State Bar Association's Dispute Resolution Committee and have over 50 hours of mediation training from the Ohio Supreme Court's Judicial College.

Mediation is not a forum for presenting...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: Arizona Family Law In my divorce case, our judge ordered me to pay in 10 days 2k for TI visits with father. Cant afford

I get SS disability and cannot afford it. Child lives with me and father is abuser. Can i file a motion to reconsider? Can we get a cheaper TI? What if i cannot afford a TI? Judge keeps saying im blocking efforts and not participating

Stephen M Vincent
Stephen M Vincent
answered on Jul 18, 2023

Yes, you can file a Motion to Reconsider and explain your financial circumstances. The Court must consider your ability to pay before it can order TI services. Gish v. Greyson, 253 Ariz. 437, 446, ¶ 42 (App. 2022).

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: Can my daughter request child support from ex to help obtain a two bedroom and provide the same lifestyle as ex husband?

My daughter moved out of her marital home 1 yr ago due to domestic violence. She left their 9 yr old son w/the husband because she couldn't afford a 2 bedroom apt. She found the most affordable 1 apt . She didn't have a car but finally bought 1 with a really high mo payment. Now 1 yr... View More

Stephen M Vincent
Stephen M Vincent
answered on Jun 30, 2023

Yes, your daughter can request child support.

But let's be clear on what child support is. First, it's not meant to equalize the living situation between the parents. Second, it's done on a formula. The fact he has a two-bedroom and bought a Camaro are not relevant to how...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: In az going through a divorce with child custody with no court order just yet, Can I keep my kids until then?

Order of protection on me, I filed an assault charge on her, She is from Mexico illegally. Trying to see if I can keep my kids until court.

Stephen M Vincent
Stephen M Vincent
answered on Apr 28, 2023

Without knowing more, I am going to say that is a strategy that will most likely backfire and cost you more time with your children in the long run.

1 Answer | Asked in Adoption, Child Custody, Divorce and Family Law for Arizona on
Q: Can I sue my gfriends ex husband for taking full custody of my biological child. They were married during our conception

I impregnated my girlfriend who happens to be married still. Legally when the child is born he will have all rights to the child. He makes threats to not sign papers to manipulate things that he wants from her. They are going through a divorce as well. I want my child and I will fight for the... View More

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

You wrote, " Legally when the child is born he will have all rights to the child."

Legally, that is incorrect. By being married to the mother, he is PRESUMED to be the father.

If you can prove biology, you are also PRESUMED to be the father.

That puts the two of...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Is there a form or way to ask the judge to make a ruling on a divorce?

My ex spouse has been intentionally delaying proceedings going on 3 years, we were only married for 4 years. She is doing this to cause me financial harm. I have sent 10+ offers to settle with zero negotiation from her and the court just keeps pushing every final trail date becuase she files more... View More

Stephen M Vincent
Stephen M Vincent
answered on Feb 22, 2023

Yes, it's a Motion to Set Trial and you need to file a Certificate of Readiness with it.

1 Answer | Asked in Divorce, Family Law, Juvenile Law and Legal Malpractice for Arizona on
Q: In Arizona, who handles grievances toward court appointed counsel? Does it matter if the lawyer has their own firm?

I fired my attorney, right in front of the "mediator", and she told me "all the lawyers here are interchangeable. They're going to tell you the same thing. " Had i only known i needed to say it to the judge. Maybe it wouldn't have made a difference at all.

Stephen M Vincent
Stephen M Vincent
answered on Jan 27, 2023

The Arizona Bar handles complaints about lawyers.

As for having their own firm, it really doesn't make a difference.

If you think of suing your lawyer, you really should speak to a legal malpractice attorney before you file anything.

2 Answers | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: My ex keeps brainwashing our child, convincing her that she is afraid of me and my parents. Is there any legal recorse?

My daughter is very happy when she is with me and/or my parents. Then I get phone calls from my ex (when our daughter is over there) telling me the kid is upset with me and doesn't want to go back to me when it is my time. She has our kid sit there listening and continually says to her,... View More

Randi Sirlin
Randi Sirlin
answered on Jan 18, 2023

Parents should never involve children in their adult matters, including issues such as parenting time. If you have a parenting plan through the Court, there should be language stating something to that effect. If there is no such language, I recommend speaking with an experienced family law... View More

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1 Answer | Asked in Appeals / Appellate Law and Divorce for Arizona on
Q: My X is appealing com property split in our divorce. Am I required to respond to the appeal? I have no $ for an attorney

I'm in Arizona, a community state.

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jan 16, 2023

I am not an Arizona lawyer. However, you should respond to the appeal, a short brief on your behalf responding to original brief will do. Check the AZ appellate rules regarding format and filing of briefs.

1 Answer | Asked in Divorce, Bankruptcy, Civil Litigation and Collections for Arizona on
Q: Couple commits fraudulent transfer of home, then divorces, do you name both to obtain jurisdiction of marital property?

I sued the wife in arbitration for breach of contract and won a six-figure judgment. The husband immediately transferred their home to try and prevent any recovery from the property. It's normal to name both spouses in a lawsuit to obtain jurisdiction over the marital community, however, when... View More

Timothy Denison
Timothy Denison
answered on Jan 3, 2023

You must include both husband and wife in your suit or it will fail.

1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Banking for Arizona on
Q: I went through a divorce I couldn’t afford a lawyer all the things that my x wife acused me of were all lys for 38 year

The judge ordered everything in half but she has two bank accounts she didn’t put on table and I was the one paying for everything i didn’t know that she is a covert narsiste I was Being abused for20years and everything was about my youngest son and I didn’t even get the chance to say that I... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 29, 2022

I'm not entirely sure what you are asking.

If you discovered bank accounts that were not included in the Decree, you can ask the Court to revisit the Decree and include them as after-discovered assets.

If you feel you were shortchanged because you didn't have an attorney,...
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1 Answer | Asked in Divorce and Business Law for Arizona on
Q: Husband had a company prior to our marriage but then sold it after 12 years of marriage am I entitled to Money in divorc

Am I entitled to any money from his company during our divorce?

Peter H. Westby
Peter H. Westby
answered on Oct 11, 2022

Assuming you and your husband had no valid prenuptial agreement that would dictate otherwise, you might be entitled to be compensated for an interest in this business. From the information you provided it appears that your husband's business started out as his sole and separate property.... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: If I take full custody of my kids will my ex wife pay child support even if I have arrears

I gave my ex wife my apartment so she would not be on the street and sleep out of my car now the lease is going to be up and I am not doing the court order 3 weeks a month do to not having somewhere to take them and my x wants more child support but now I have a new home and she will have to move... View More

Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2022

Who pays child support currently is unrelated to whether arrears are owed.

Be aware the current child support remains in effect until you go to Court to modify it. At that point, child support is determined by a calculation.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: I am trying to take my infant son to a family wedding out of state while still getting divorced. 50/50 ldm and pt.

I am only requesting a small schedule change to take my 3 year old son to a major life event she is obstructing. What course can I take. This divorce has gotten very high conflict.

Stephen M Vincent
Stephen M Vincent
answered on Sep 8, 2022

If the divorce is still pending, the Preliminary Injunction is still in place. This means you'll need to either get the other parent's permission to travel out of state or you will need to seek a court order to permit the travel. If the latter, you will need to file a Motion to Travel out... View More

1 Answer | 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

Stephen M Vincent
Stephen M Vincent
answered on Jul 6, 2022

Yes, you may report bigamy, as it is a crime.

The decision to press charges belongs to the police and the prosecutors.

1 Answer | Asked in Insurance Bad Faith, Divorce, Estate Planning and Probate 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... View More

Tim Akpinar
Tim Akpinar
answered on Jul 18, 2022

An Arizona attorney could advise best, but your question remains open for two weeks. I'm very sorry about the loss of your father. Your question is a little bit complex and straddles a number of categories; I can only address the insurance-related ones. The insurance company's decision... View More

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