Get free answers to your Family Law legal questions from lawyers in your area.
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 
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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
advice about a move to a new home, 14 miles away from current home, ensuring compliance with Arizona law while keeping my co-parent’s parenting time unaffected. Details: New home to the other parent’s home: 20-21 miles.New home to our child’s school: 16 miles, child will not change school.... View More
answered on Apr 7, 2025
That seems like an acceptable move.
Moves like yours happen all the time, and the vast majority do not result in any court action at all. It is common for parenting to continue to share equal parenting time at that distance. So most likely, it should be fine.
That said, nothing in... View More
I own a home where I currently live. My ex-boyfriend, who used to contribute to some bills, continues to live in my home without any formal agreement or legal right to stay. I've asked him to leave, but he hasn't moved out. I'm looking for advice on how to make him leave without... View More
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answered on Apr 12, 2025
Since your ex-boyfriend has no formal agreement or legal right to stay in your home, you have the right to ask him to leave. You've already asked him, but since he hasn’t complied, your next step is to put your request in writing. Send a clear letter or message that states your request for... View More
My wife and I, residing in Arizona, have not yet written a postnuptial agreement. We want to outline the financial contributions made towards a house downpayment. The mortgage loan is only under my name, but the loan officer accepted my application with both our names on the deed and has requested... View More
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answered on Apr 11, 2025
That’s a very thoughtful and important question, especially when you’re trying to protect each other’s interests and avoid misunderstandings down the road. In Arizona, which follows community property law, assets acquired during the marriage are typically considered jointly owned unless... View More
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
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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
I am the custodial parent seeking a court-ordered modification to increase child support payments. The non-custodial parent received a significant one-time bonus from a lucrative construction development project about eight months ago. Our existing child support agreement was established through a... View More
answered on Mar 24, 2025
You have described several reasons that you may be entitled to a child support modification, which are not related to his one time bonus.
Under Arizona law, seasonal or fluctuating income within a year are annualized to determine the average monthly Child Support Income. If this is truly... View More
Since April 2021, DCS's involvement in my family has led to ongoing systemic abuse and rights violations, exacerbated by fraudulent legal proceedings. Despite efforts to rectify the situation and four years marked by coercion, false custody modifications, and lack of due legal process, my... View More
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answered on Mar 24, 2025
Your situation sounds incredibly challenging and traumatic. The violations you describe involving DCS, fraudulent proceedings, and the unsafe placement of your children represent a serious failure of the systems meant to protect families.
Looking at your options now, you may need to pursue... View More
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?
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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
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
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
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
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
My ex is telling me that he doesn't have to provide me with documents with his doctor's information listed on it, it's basically a letter from his doctor saying that he's unable to work and he said he provided to the courts but he won't give me a copy with the documents he... View More
answered on Feb 4, 2025
If he intends to rely on that documentation and wants the court to review that documentation to make some sort of decision in your child support matter, you must be provided copies. Please Google Arizona Rules of Family Law Procedure "Rule 49" which describes those obligations.... View More
I filed for enforcement for child support, dad said he's not working and can't because of medical reasons and has documents (he says) to provide if needed. He informed me that he'll be petitioning to modify child support before hearing to show he's unable to work....what will... View More
answered on Feb 3, 2025
The modification will not affect your enforcement. Modifications are prospective only; they do not go back in time and adjust any child support amounts from previous months. He will still owes your for any missed child support payments from the past.
Art 6 clause 2 states treaties are supreme law of the land yet no lawyers even mention this!!!!!!!
answered on Feb 15, 2025
An Arizona attorney could advise, but you are correct that the Constitution is the supreme law of the law. However, in court proceedings, cases are usually argued on a more detailed level, requiring analysis under the specific elements of codes and statues. Good luck
answered on Jan 21, 2025
The Court will only enter orders if agreed upon. Otherwise, the Court will try to see what is necessary to move the matter along, and may ask you about mediation and discovery. If the matter is ready for Trial, the Court may schedule deadlines and Trial.
Once the Court swears you in, if... View More
I was a SAHM the majority of our marriage due to two of our children being special needs. There was DV in the marriage. My parents owned a house in AZ and offered for me and my kids to move in in 2015 to get a fresh start. In 2017 I obtained a good steady job. In 2018, their father stopped all... View More
answered on Jan 21, 2025
Because you made payments during the marriage those are technically considered community payments. Thus, since the house was gifted only to you during the marriage , you then were making community payments towards a piece of separate property. Husband can claim reimbursement for "community... View More
Ex wife never got me removed off title of her vehicle after being divorced for 3 1/2 yos. She got the vehicle repoed in October 2024 due to no payment and a second vehicle repoed in December of 2024. She has not made any attempts to make payments and now has asked me for 2 separate down payment... View More
answered on Jan 17, 2025
If wife was ordered to take care of the debt related to the vehicle, then that remains true even now, but unfortunately is only binding upon the two of you. It is not binding upon the creditor who can pursue either of you if you were both on the loan. One option that you have is to file a petition... View More
I'm gonna be a single father and I need papers to ensure she can't just take the baby back or change her mind and she's not pregnant yet
answered on Jan 8, 2025
She can sign a "Consent to Adoption" or "Consent to Termination of Parental Rights". A consent to adopt is irrevocable unless obtained by fraud, duress or undue influence. The consent must be in writing, must be witnessed by two or more credible witnesses OR shall be signed... View More
I lost my home of 20 years along with everything in it. Even my dogs.
answered on Feb 6, 2025
I'm sorry for the loss of your husband and your painful ordeal with the condemnation of your home. Something does not smell right here, in terms of aggressively accelerating an eviction and condemnation by turning off water to a resident. Reach out to attorneys in your state to try to arrange... View More
After the order of protection were given to me, I unfortunately, was advised by the courts not to be represented. Lost both and two years of protection have been put over my children. I’ve spent $10,000 on a reputable lawyer only to be almost encouraged to not fight. After snapping out of my... View More
answered on Jan 3, 2025
I understand your frustration and dismay with the way the "process" has worked out in your case. It is always a good idea to seek out a second opinion in important matters such as these.
I live with my nana and I was adopted at 9-10. Since then I was verbally and physically abused. At now 17 yo and 1 month, I am pregnant and looking to move out. I’m 5 months away from graduating and looking for a job. My baby father/boyfriend has a stable well paying job and is looking for an... View More
answered on Jan 6, 2025
Do you work? You have to prove that you can support yourself. I have a brochure I could send you prepared by the Arizona Supreme Court that describes how that works.
In your Petition, ypu must allege, and then be able to prove, that:
- You are or can be self-sufficient... View More
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