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Arizona Questions & Answers
1 Answer | Asked in Car Accidents and Traffic Tickets for Arizona on
Q: I was rearended by a car who was rearended by another car. I and driver behind were stopped in traffic

Driver behind me didn't allow assured clear distance. Are they at fault, or only the car who hit them responsible?

Tim Akpinar
Tim Akpinar
answered on Jan 17, 2025

An Arizona attorney could advise best, but your question remains open for two weeks. In most situations, only the vehicle in the rear that struck the vehicle behind you would be liable, unless the other vehicle was right up your tailpipe. The rearmost vehicle was the proximate cause of the... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: Am I liable to pay repo vehicle cost after divorce when the ex wife was supposed to take me off the title?

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

Rich J. Peters
Rich J. Peters
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

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Ima planning to be a father and this girl wants to have no contact with the baby or custody what papers or do I need to

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

Rich J. Peters
Rich J. Peters
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

1 Answer | Asked in Family Law for Arizona on
Q: I need help getting emancipated. 17+1 month, pregnant and was adopted at 9-10 by abusive nana. Baby father is in picture

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

Rich J. Peters
Rich J. Peters
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...
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2 Answers | Asked in Child Support, Divorce and Family Law for Arizona on
Q: Does substantial income difference between the two parties mean spousal maintenance is required?

I make 60k/yr, spouse makes 100k/yr. We are divorcing with minor children, filing for 50/50 custody and 50/50 property & debt.

He claims that our income difference is figured into the child support and that spousal maintenance only applies if one person cannot financially afford to live... View More

Rich J. Peters
Rich J. Peters
answered on Jan 6, 2025

You absolutely have the right to request spousl maintenance. Spousal maintenance is based upon so much more than just your income. If you review through our statute (google "ARS 25-319"), you can see the other topics.

Arizona also has recently adopted spousal maintenance...
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2 Answers | Asked in Child Support, Divorce and Family Law for Arizona on
Q: Does substantial income difference between the two parties mean spousal maintenance is required?

I make 60k/yr, spouse makes 100k/yr. We are divorcing with minor children, filing for 50/50 custody and 50/50 property & debt.

He claims that our income difference is figured into the child support and that spousal maintenance only applies if one person cannot financially afford to live... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 3, 2025

You asked what the "actual grounds" are for spousal maintenance. Arizona's spousal maintenance law is very complex. But here is probably the simplest way to explain it:

First Step: Determine Eligibility

You have to qualify under one of the grounds listed under ARS...
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1 Answer | Asked in Workers' Compensation for Arizona on
Q: Award amount for 3 level neck fusion.
Joel Friedman
Joel Friedman
answered on Dec 21, 2024

I'm going to answer the question based on you having injured your neck in a work accident. Workers compensation benefits are not like personal injury payments and the first part of the process is to understand what the doctors have said you can and cannot do in a job, and then figure out if... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: If I’m a non violent, first time felon for drug transportation in Az. Do I need to restore my rights or not?

Sentenced 2017 December 6th to a felony for conspiracy to transport drugs. Non-dangerous, non-repetitive, non-violent offense. I was released on 11/04/2020 and finished Parol in 10/04/2021. I heard that since It was my only offense Ever and it was non dangerous, non violent, non repetitive that I... View More

Zalman  Sapad
Zalman Sapad
answered on Dec 16, 2024

If the charge was out of Arizona, you are correct, and have your automatic restoration of rights under ARS 13-907. You have to make sure the following requirements were met:

1. Non-dangerous offense, defined in ARS 13-704

2. Non-serious offense, defined in ARS 13-706

3. 1st...
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1 Answer | Asked in Criminal Law for Arizona on
Q: My son was arrested while on parole, he was found passed out near a stolen truck he has no memory of anything.

They also arrested him on identity theft and drugs that were found in the truck. He was on parole for 7 months and started using drugs again and that's his main issue is a drug problem that he needs help with is there any type of program that he could do partial prison sentence then go to a... View More

Zalman  Sapad
Zalman Sapad
answered on Dec 16, 2024

It depends ho many previous probation violations he has had. When someone is sentenced to probation, they are eligible for a sentence of up to 1 year in jail as a term of probation, or, they can be revoked to prison and sentenced under the mandatory sentencing scheme.

While it is possible...
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1 Answer | Asked in Criminal Law for Arizona on
Q: I BELIEVE MY CASE FALLS UNDER THE EXCLUSIONARY RULE. MY LAWYER DISAGREES AND REFUSES TO FILE A MOTION TO SUPRESS.

HE ALSO REVEALED OUR POTENTIAL STRATEGY TO THE PROCECUTOR AND JUDGE AT OUR LAST COURT HEARING. WHY WOULD HE DO THIS? WHAT CAN I DO?

Zalman  Sapad
Zalman Sapad
answered on Dec 16, 2024

A competent lawyer would only refrain from filing a pretrial dismissal or suppression motion for 2 main reasons:

1. There is no good faith argument for making the motion under the current law or arguing for a change in the law. In other words, the motion is unwinnable and has very little...
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1 Answer | Asked in Criminal Law for Arizona on
Q: If there’s no reason to believe that a driver is under the influence, wouldn’t this be a Terry stop?

Was pulled over by Scottsdale police for expired tags, passed field sobriety, 0.00 alc. charged with dui anyways.

Zalman  Sapad
Zalman Sapad
answered on Dec 16, 2024

It would be considered a prolonged stop under Rodriguez v. United States, 575 U.S. 348 (2015)--which is very similar to a Terry Stop.

The difference is that while a Terry stop is an initial detention for the purposes of investigating suspected criminal activity, a prolonged stop is one...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: What knd of divocre can I get n Tucson?

I need sume help

Rich J. Peters
Rich J. Peters
answered on Dec 13, 2024

Divorces are the same in every Arizona county. Every divorce basically will address the same topics:

1. Legal decision making

2. Parenting time

3. Child support

4. Spousal maintenance

5. Division of property

6. Division of debts

A...
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2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: can i get full custody of my children due to they live in a hostile environment in their dad’s house?

my daughter have told me how her dad and wife yelling and screaming. she is force to participate in a sport she has repeatedly told her dad does not want to participate and he refuses to listen and yelled at her. in one occasion, she told him gymnastics class was canceled due to Thanksgiving week.... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 12, 2024

Yes, you can get full custody under those circumstances, but it is far from a guarantee. This is not a clearcut case for getting full custody, but you have arguments you can make that could get you there. A judge is going to be very concerned about what happened with the gymnastics dropoff, but the... View More

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2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: can i get full custody of my children due to they live in a hostile environment in their dad’s house?

my daughter have told me how her dad and wife yelling and screaming. she is force to participate in a sport she has repeatedly told her dad does not want to participate and he refuses to listen and yelled at her. in one occasion, she told him gymnastics class was canceled due to Thanksgiving week.... View More

Rich J. Peters
Rich J. Peters
answered on Dec 13, 2024

You have certainly described some very concerning and disturbing circumstances that your judge would surely want to address. With your initial "Petition for Modification", you could also file a Petition for Temporary Orders. Such is the quickest manner of getting to see your Judge and... View More

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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: What kind of paperwork do I need to file for divorce in Tucson?
Rich J. Peters
Rich J. Peters
answered on Dec 10, 2024

You need to file a "Petition for Disolution".

You can find Pima County forms and instructins here: https://www.sc.pima.gov/law-library/forms/

This is obviously a very important matter. It is possible and allowed to file your own divorce and complete the process without...
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2 Answers | Asked in Arbitration / Mediation Law and Divorce for Arizona on
Q: Is it possible to petition for a divorce in AZ then work with a mediator to divide property?

I would like to file the petition ASAP then work with a mediator to divide property after the petition has been filed. I want it to be on record with the court that I filed. The reason is, I do not want to be held liable for any poor financial decisions my spouse makes, or any poor decisions in... View More

Rich J. Peters
Rich J. Peters
answered on Dec 10, 2024

Of course. Mediating a divorce matter can result in significant benefits over traditional litigation

- can be less costly.

- can me quicker.

- allows both parties control over he outcome.

- allows a better opportunity to preserve the relationship.

- less...
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2 Answers | Asked in Arbitration / Mediation Law and Divorce for Arizona on
Q: Is it possible to petition for a divorce in AZ then work with a mediator to divide property?

I would like to file the petition ASAP then work with a mediator to divide property after the petition has been filed. I want it to be on record with the court that I filed. The reason is, I do not want to be held liable for any poor financial decisions my spouse makes, or any poor decisions in... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

Yes, it is possible to do that. A couple things to know:

1. You file and serve your ex with the divorce paperwork. Once you serve your ex, the "marital community" severs (provided you do actually get divorced) on that date, and that mean your joint liability for your spouse's...
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1 Answer | Asked in Family Law for Arizona on
Q: My Ex attorney filed a motion to strike to my reply to his motion to quash a subpoena.

Counsel moves the Court to strike the Reply to Plaintiff’s Reply to Respondent’s Reply to Motion to Quash filed by me

Pursuant to Rule 35(a)(3), a party may not respond to a reply unless authorized by

the Court to do so. Father has not requested an order from the Court to allow... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

When someone files a Motion, there are three filings that are permitted:

1. The Motion itself

2. The Response to the Motion

3. The Reply to the Response

You filed a "Reply to Plaintiff’s Reply to Respondent’s Reply to Motion to Quash," so that is a...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: How do I get arrears child support from mom credited to what I pay monthly now that the kids moved in with her?

Both Kids 12 and 14 have lived with me since birth, I have full custody of them this past September they moved in with her. She was down just under 30k in child support at that time. Im trying to get my monthly payment reduced by offsetting it with what she owes me.

I filed a motion to... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

It unfortunately does not work that way, which I know is frustrating and makes no sense. But you have to pay the court-ordered amount for child support every month regardless of what she owes you. Like I said, it makes no sense, but it's the situation you're in. If she's not making a... View More

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: Should I file contempt of court? Will it hurt my case?

We have a court order to use mediation to resolve issues. We are also ordered to use an app for all communications. This was ordered 5 months ago.To this point it has not been an issue but now there are changes happening to our child’s school due to IEP results and I am being ghosted. If I text... View More

Rich J. Peters
Rich J. Peters
answered on Dec 4, 2024

Perhaps a strongly worded letter from an experienced attorney would encourage him to be more communicative.

A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, 1/2-hour...
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