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Arizona Divorce Questions & Answers
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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2 Answers | Asked in Child Custody and Divorce for Arizona on
Q: My wife and i are currently separated not divorced. She is keeping me from him because I was rude in some way. Help.

My wife and i are currently going through a separation. We have a two, almost three, year old son. Unfortunately we have to agree on a set schedule. After not having him for three weeks my wife calls me saying she will not be able to bring him to me where I live, El Paso Texas and she lives in... Read more »

Rich J. Peters
Rich J. Peters answered on Apr 13, 2021

Do you have Court Orders? PERHAPS law enforcement may assist you if you have Orders. However, it is more commopn in my experience that they do not intervene, and instead will suggest that you both need to get the Court incolved.

If there are NO Court Ordetrs, file. File now. She does not...
Read more »

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: My ex wife, who has custody of our 3 kids is moving them out of state without my consent.

Our court paperwork says she needs my written consent but she seems to think that because there has been a lapse in my child support payments, due to me switching jobs and trying to set up wage garnishment for months now (because the last time I tried to mail in my child support obligation it got... Read more »

Mike Branum
Mike Branum answered on Feb 24, 2021

Arizona law requires a 45-day notice, in writing, of intent to move out of state. Your parental rights are not directly tied to whether or not you are current with child support.

Child custody matters across state lines (and it sounds like there are three or more states involved in this...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: How can I recieve help with filing for contempt of a Divorce Decree.
Mike Branum
Mike Branum answered on Oct 7, 2020

If you are in Kileen, Texas, it will be very difficult for you to get personal assistance in your case unless you are hiring an attorney (I presume when you say "help" you are looking for legal assistance without cost). It is difficult to provide much more specific advice because there... Read more »

1 Answer | Asked in Divorce for Arizona on
Q: How do I get out of a subpoena. I do not want to testify against my brother in his divorce
Randi Sirlin
Randi Sirlin answered on Sep 22, 2020

The subpoena should have detailed information on it regarding your right to object. However, if you do not have a viable, legal objection, you may be forced to testify. You should consult an experienced family law attorney to assist you with the matter. It is important that you do not ignore the... Read more »

2 Answers | Asked in Divorce and Family Law for Arizona on
Q: Am I entitled any part of the family owned business.

I was the bosses daughters boss at another job. We ended up getting married but before we got married, the dad asked me to come work for him. I worked there for 16 yrs and ran the place for 10-12 yrs. Parents of wife said that I would always have job if we ever got divorced. Part of the business... Read more »

Ilene L McCauley
Ilene L McCauley answered on Sep 21, 2020

The laws of community property may apply here if your husband had any rights in business. Your divorce attorney can obtain information on ownership of the company. Information may also be available on the ACC website if the business is an Arizona entity. I would strongly recommend you go online... Read more »

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2 Answers | Asked in Animal / Dog Law, Divorce and Family Law for Arizona on
Q: Divorce and dogs

I am 20 years old and live with my mother. My dad is going through a terrible divorce with my ex step mom. On December 4,2018 my step mom moved out of the house, leaving both of the dogs behind. I was in love with one of the little dogs and wanted to take it in as my own To live with me at my moms... Read more »

Mike Branum
Mike Branum answered on Sep 5, 2020

You will be hard-pressed to get an attorney to say with certainty that you could never be ordered to surrender the animal, I will say, however, that it is unlikely. First, she abandoned the animal and animals are considered property. Second, your father can likely only be held responsible for the... Read more »

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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: I was awarded the home but had until 2012 to refinance and take ex off deed. how do i file to change that date to now

I just need to change that date that was set for 2012 so i can use the decree now

Mike Branum
Mike Branum answered on Aug 18, 2020

If I understand your question correctly there is nothing to change on your decree. If the property was in both your names prior to 2012 and you were awarded the property in the decree, you need to have your ex execute a warranty deed and you need to refinance the house. Neither of those require... Read more »

1 Answer | Asked in Civil Litigation, Intellectual Property and Divorce for Arizona on
Q: Our car was in both of our names. She trade in our car for a car in her name only. Can she do this without my signature.

I'm without a car.Is there anything I can do to get my car back from the dealer.

Peter H. Westby
Peter H. Westby answered on Jul 29, 2020

She can and did do this without your signature. It sounds like your car title was an "or" title. This type of title would allow either one of you to trade or sell the vehicle without the signature of the other. It is very unlikely that you will be able to get the car back from the... Read more »

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: My daughter lives in Glendora CA She is wanting a divorce. Can she move to AZ with the kids? he works in LA she online.

4 minor children 8yr to 14. Husband has anger issues and has physically harmed the children in past. She wants to move to AZ as she can afford to care for the children better then in CA. She is willing to drive them out to visit their dad. Counseling has started and husband admits he has anger... Read more »

Mike Branum
Mike Branum answered on Jul 22, 2020

You present one of those cases where there is a specific legal answer and then there is what is likely in the best interests of your daughter and grandchildren. To avoid any potential legal problems, your daughter should file for separation in California and request leave of the Court to relocate... Read more »

1 Answer | Asked in Divorce for Arizona on
Q: my husband committed adultery and we have not been together since. He now wants legal separation before divorce

I live in Az he lives in Ga no children and he owns a moving company

Jay Hall
Jay Hall answered on Jul 20, 2020

It isn't clear what question(s) you have. If he meets the jurisdictional requirements, he can file for legal separation in Georgia. You will want to ask attorneys licensed in Georgia what exactly that would mean for you, how legal separation there compares to divorce, and whether the adultery... Read more »

1 Answer | Asked in Child Support and Divorce for Arizona on
Q: My child support was ordered before I put my boys in daycare. Can I change my Child support to get more help?

2 boys & i only get 400/month well 372/month since i did des child support assistance and they take some off for the service.

Jay Hall
Jay Hall answered on Jul 14, 2020

Childcare costs can be added to the child support worksheet, but it is entirely discretionary. This means it is entirely up to your specific judge. The factors that most commonly affect this decision are the comparative incomes between the parents and the parenting schedule. If parents earn similar... Read more »

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