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Arizona Divorce Questions & Answers
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.

I'm...
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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...
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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...
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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.

1 Answer | Asked in Divorce for Arizona on
Q: My ex filed for divorce I did not respond so he could default he never did the next step. What can I do to be divorced?

Unhealthy marriage domestic abuse I had a restraining order against him fearing for my life. He is now in Prison and I want to be divorced but don’t wAnt him to know my whereabouts

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

Arizona law does permit you to respond to the divorce while also seeking that your address be protected. Or, if his matter has already been dismissed for his "lack of prosecution", you could start the process over by filing your own petition, again while seeking that your address be... Read more »

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...
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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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2 Answers | Asked in Divorce for Arizona on
Q: In a divorce can I have my husband op out of dipping into my retirement account

In a divorce can I have my husband op out of dipping into my retirement account in writing and summit to the court? I’m 54now but want to prevent him when i turn 67

Can it be on record through the court?

Randi Sirlin
Randi Sirlin
answered on Oct 31, 2021

In any divorce, the parties can reach an equitable settlement which can be ordered by the court, so the answer to your question is, "yes."

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2 Answers | Asked in Divorce for Arizona on
Q: My husband filed for divorce in Maricopa county after we had both moved to Yuma county 3 months before. He plans on

Staying in Yuma indefinitely for work. Can I file a motion to dismiss the divorce case because Maricopa county does NOT have jurisdiction? (P.S. I do not want the divorce)

Randi Sirlin
Randi Sirlin
answered on Oct 19, 2021

Maricopa county has jurisdiction if he has been living here for 90 days prior to filimg but you can file for a change in venue.

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1 Answer | Asked in Divorce, Family Law and Child Support for Arizona on
Q: Can a parent who receives child support, ever end up paying child support if his or her income increases?
Stephen M Vincent
Stephen M Vincent
answered on Sep 29, 2021

Yes, it all just depends on how the calculation comes out.

1 Answer | Asked in Divorce for Arizona on
Q: Married for 34+ years and husb filed for divorce. I make more than he does and told I'll have to pay him? Really?

I make more because I had to work to support the family. He didnt want to work, he's a musician.

Will I really have to pay him support? He filed, he wants out and yet I have to pay him?

Stephen M Vincent
Stephen M Vincent
answered on Jul 20, 2021

Whether you have to pay spousal maintenance depends on a lot of factors. It is not automatic that you'll be paying spousal maintenance simply because you earn more money.

Spousal maintenance is a complex and gray area of the law, and it's much more complex than I'm going to...
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1 Answer | Asked in Divorce for Arizona on
Q: Do I need all my spouse personal info to get my divorce started
Stephen M Vincent
Stephen M Vincent
answered on Jul 20, 2021

You don't need all of it, but you need some of it, particularly their contact information.

1 Answer | Asked in Divorce for Arizona on
Q: Can I close joint accounts if neither party is depositing funds into them. Accts are carrying near zero or neg balance.
Stephen M Vincent
Stephen M Vincent
answered on Jun 15, 2021

Yes, if no funds are going into them, it is OK to close and divide them. Just make sure you provide your spouse an accounting and provide your spouse half of what is in the accounts.

The concern of the Preliminary Injunction is to ensure that you don't transfer assets for the purpose...
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1 Answer | Asked in Divorce for Arizona on
Q: What happens after the motion to set and certificate of readiness is filed? What's the timeframe I should expect?
Stephen M Vincent
Stephen M Vincent
answered on Jun 14, 2021

It depends on your judge's calendar. Right now, in Maricopa County, we're seeing trials being set for October, and generally right now I'd expect a trial being set to be set for sometime in the fall.

2 Answers | Asked in Divorce for Arizona on
Q: How long does it take to get divorced?
Peter W Davis
Peter W Davis
answered on Jun 11, 2021

That is not easily answered as there are a number of reasons that a case can take time. The fastest you would be able to get a divorce is 60 days in Arizona as there is a statutory "cooling off" period, meaning a judge can't sign an order until 60 days after the other party is... Read more »

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2 Answers | Asked in Divorce and Real Estate Law for Arizona on
Q: Can a mortgage be refinanced against divorce decree agreement with both parties in agreement to do so?

Decree says I get the house once I'm financially able to refinance. Ex decided he wanted the house and I agreed he can have it. He tried refinancing but was having issues because of the decree. Is there a way to change the decree?

Peter H. Westby
Peter H. Westby
answered on May 29, 2021

Your Decree can be modified by stipulation provided both former spouses agree. I recommend that one of you hire a family law lawyer to assist with this modification.

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2 Answers | Asked in Divorce for Arizona on
Q: I filed thinking we would agree on the settlement, she came back asking for way more than her fair share. Next step?

In her response she came back asking for more money, more property, demanding she stay on my cell phone plan, and I have to keep her on my health insurance. I agree to her request for the health insurance and VA education benefits per eligibility requirements with Tri-care and the VA. I have... Read more »

Randi Sirlin
Randi Sirlin
answered on May 21, 2021

You should at least have an experienced family law attorney review your new proposal and you should always have an attorney if you have a court hearing.

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