Married 12/26/17
Bankruptcy filed 12/03/18
Bankruptcy complete 3/19/19
You should talk to your bankruptcy attorney because the answer depends on certain facts.
Leaves without informing and intentionally not telling them they petitioned for divorce.
Likely not. You must be married to be guilty of spousal abandonment. The divorce would terminate the obligation to support the spouse. Additionally, the statute is focused on financially abandoning the spouse. In this instance it appears you are referring to the emotional support and assistance... Read more »
in 2008 have not been in any trouble until 12/18 where I was arrested and charged with a few felonies ,can the prosecutor charge me with a prior
charge you with a prior what?
how can she file living out of state
I expect it is going to have to be filed here. If you are proceeding by agreement, my firm offers a low flat fee to handle everything start to finish. We can file here even though she resides out of state. If everything is proceeding by agreement, she will never have to come into town.... Read more »
My husband had me served with a petition, but I do not contest any of the orders. We already have a final divorce decree being worked up.
If you are absolutely sure you agree with each and every order in the petition, the only downside to not filing a response would be a delay in being able to file your consent decree. Your husband can file for default if you do not respond within 60 days. 60 days after that the two of you can file... Read more »
Do I have to continue living in the house until the divorce is final? Will the Judge see it as abandoning?
In many cases it is actually advisable for one of the parties to leave the marital home during the divorce if the divorce is contentious. The children do not need to be exposed to the two of you fighting. The split is going to be hard enough on the children as it is; seeing their parents arguing... Read more »
Hi,
I am filing for divorce, we bought a house together under his name only after we had a foreclosure under my name. We were married a year after. we both have always paid 1/2 of the bills and even the down payment for the house was 1/2. we refinance and added my name 3 years ago. I do... Read more »
In Arizona you are entitled to 50% of the community assets and responsible for 50% of the community debt unless you have evidence to clearly demonstrate why there should be an inequitable distribution.
Per our Separation the court declared my Husband should pay $ 600/mo. He stopped paying 3 months ago, what are my options?
You can petition the Court for enforcement of the Separation Agreement and ask the Court to find and hold your ex-husband in Contempt. The Court can and will impose sanctions upon your ex if he is found to be in Contempt.
You can request a conciliation meeting if you wish to try to save the marriage but, ultimately, you cannot stop the divorce if your husband is set on getting divorced.
my wife and I are getting a divorce. we are currently living in the same house.
She had agreed that certain bills would be paid, then the remaining funds would be split 50/50.
I have been paying these (with a loan from my Dad) and some are outstanding.
She now reneged on... Read more »
My suggestion would be to file for the Dissolution/Divorce now and address the community finds in the escrow account and the bills in your proceeding. The preliminary injunction would be in effect after service upon your wife and that controls what can and cannot be done with community property.... Read more »
Last year my divorce/parenting plan was signed off in Georgia. I have since moved To Arizona following my court order and have been a resident of Arizona along with my children for just over 6 months. My children’s father still lives in Georgia. We are in a dispute as our parenting plan... Read more »
Since the original agreement was entered into in Georgia and the child's father remains in Georgia, the State of Georgia will retain jurisdiction over the dispute (see the UCCJEA for further information). Georgia MAY turn jurisdiction over to Arizona, but you would need a compelling reason and if... Read more »
I live in Arizona and I’m 15 am I able to make my decision with living with my mom
Your opinion and the behavior if the male on your birth certificate should both be taken into consideration. You will need to petition the court for a review of the cold custody order. There are a number of factors which will need to be considered in determining where the petition must be filed and... Read more »
My firm is only in Phoenix. Perhaps another Justia attorney (from Tucson) will reply.
We CAN conduct your free consultation by phone, and we do work in any Arizona county, including Pima County.
I cant support myself. I recently retired from my job. All monies in our 8 years has been mostly his income...his house. He says he owes me nothing. He was arrested 3 years for domestic abuse...charges were dropped because I did not testify. I've lost my family and friends because of him.
Please come in soon. We can certainly help you consider and then pursue your options for divorce or legal separation. This is obviously a very important matter, and you should not go in alone.
You may be entitled to an award of spousal maintenance. Spousal maintenance is based upon so... Read more »
You need to file a "Request for Hearing". You can do so at the same Courthouse that issued the Order.
We can help. Please come in soon. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better in... Read more »
Is Arizona still a no fault state? I want to know what would be in my favor financially to make sure my kids and I will be ok?
Please come in soon. We can certainly help you consider and then pursue your options for divorce. This is obviously a very important matter, and you should not go in alone. We can then discuss how child support is calculated in Arizona, whether you may be entitled to spousal maintenance (alimony),... Read more »
I have a question about changing judges for an upcoming court hearing on February 25th?
Under Arizona law, you are freely permitted to change attorneys anytime you so desire and for any reason whatsoever. It does happen quite often.
If you choose a new attorney, that attorney need simply needs to file a notice of substitution which alerts the court and the opposing party that... Read more »
I’m afraid if I tell him before I file he will spend our savings account. I know filing freezes assets. But I also need to tell him soon, perhaps before I’m able to file. I just need to know if he starts spending from our savings account recklessly if he will be required to still pay half the... Read more »
Technically, any charges/debts incurred PRIOR to service of the Petition for Dissolution ARE community debts. Technically, he is permitted to spend community funds any time he wants to PRIOR to being served. But, when you add the word "recklessly", I would say that we could pursue our half of any... Read more »
My dad was convicted and sentenced to 80+ years in 2016, his divorce from second wife was final in 2012. She is petitioning the court to remove the clause in their divorce that states my father was entitled to 50% of her retirement that accumulated over their 7 year marriage. She was instructed by... Read more »
I would need to now so much more. TYPICALLY, it is very difficult to modify the terms of a Divorce Decree which divides property. What is she claiming is the basis to modify? Did your Father owe her other monies that she is claiming were unpaid?
Also, when was the estate served with her... Read more »
I travel 8 days per month, but they are always a different 8 days. I don't want to lose any of my 15 days with my kids. Will a judge allow us to develop a schedule on a month to month basis that accommodates this as long as it is perceived as fair to the other parent? I'm not a pilot, but what... Read more »
Although family law courtrooms are very crowded, especially this time of year, Judges for the most part do strive to create workable schedules for working people with minor children. You're right that you need to keep working and supporting your children and you should not miss out because of your... Read more »
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