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Arizona Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Am I entitled to half my doin to b ex wife settlement from accident that

She was with me thru all of it

T. Augustus Claus
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answered on Sep 19, 2023

In Arizona, assets and debts accumulated during a marriage are typically considered community property and are generally divided equally in a divorce. However, when it comes to personal injury settlements, the division can become more nuanced. While compensation specifically for an... View More

1 Answer | Asked in Divorce, Animal / Dog Law and Family Law for Arizona on
Q: Wife, soon ex, won't release Service Dog to me.

Beginning divorce where I was effectively locked out of house while out. While getting necessities I was refused my Service Dog, when I asked Police assistance, wife claimed he was working for everyone in house. Even though 1 dog working for multiple people is not how it's done, police see it... View More

John Michael Frick
John Michael Frick
answered on Aug 11, 2023

In your divorce proceeding, have your lawyer request exclusive temporary use and possession of your service animal. Be prepared to show the specific specialized training your service animal received for your particular disability, and correspondingly that your spouse does not share that disability... View More

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Arizona on
Q: How can i request to remove legal decision making rights from DV father abuser granted by judge this past March 2023?

For some ODD reason, during a hearing in family court, the judge believed father and though i retain custodial/residential custody of our 9yr old daughter— my joint legal decision making rights were handed over to father (full legal decision-making) and reason was Judge believed i weaponized OOP... View More

Stephen M Vincent
Stephen M Vincent
answered on Jul 19, 2023

I certainly understand how difficult it can be when a judge makes a ruling that is not at all in your child's best interests. I certainly do not believe that you should have lose legal decision-making.

Unfortunately, there is not much you can do right now.

If the order came...
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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Arizona on
Q: How do I present new evidence in a mediation case?

Meditation hearing is coming up in August and I want to change to asking for full custody since my child expressed to me that there has been physical abuse towards them by the other parent. The other parent has already been physical towards me which documented by police response. I have called DCS... View More

Randi Sirlin
Randi Sirlin
answered on Jul 18, 2023

If you are doing mediation, you can first alert the other side that you are changing your position and if it is a problem, you can file a Motion to Amend either your answer or your response. You should also seek out an experienced family law attorney, as you will be expected to know all of the... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Arizona on
Q: How do I present new evidence in a mediation case?

Meditation hearing is coming up in August and I want to change to asking for full custody since my child expressed to me that there has been physical abuse towards them by the other parent. The other parent has already been physical towards me which documented by police response. I have called DCS... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 18, 2023

Note that I practice law in OHIO and do NOT practice in Az. I am an officer on the Ohio State Bar Association's Dispute Resolution Committee and have over 50 hours of mediation training from the Ohio Supreme Court's Judicial College.

Mediation is not a forum for presenting...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: Can my daughter request child support from ex to help obtain a two bedroom and provide the same lifestyle as ex husband?

My daughter moved out of her marital home 1 yr ago due to domestic violence. She left their 9 yr old son w/the husband because she couldn't afford a 2 bedroom apt. She found the most affordable 1 apt . She didn't have a car but finally bought 1 with a really high mo payment. Now 1 yr... View More

Stephen M Vincent
Stephen M Vincent
answered on Jun 30, 2023

Yes, your daughter can request child support.

But let's be clear on what child support is. First, it's not meant to equalize the living situation between the parents. Second, it's done on a formula. The fact he has a two-bedroom and bought a Camaro are not relevant to how...
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1 Answer | Asked in Adoption, Child Custody, Divorce and Family Law for Arizona on
Q: Can I sue my gfriends ex husband for taking full custody of my biological child. They were married during our conception

I impregnated my girlfriend who happens to be married still. Legally when the child is born he will have all rights to the child. He makes threats to not sign papers to manipulate things that he wants from her. They are going through a divorce as well. I want my child and I will fight for the... View More

Stephen M Vincent
Stephen M Vincent
answered on Feb 21, 2023

You wrote, " Legally when the child is born he will have all rights to the child."

Legally, that is incorrect. By being married to the mother, he is PRESUMED to be the father.

If you can prove biology, you are also PRESUMED to be the father.

That puts the two of...
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1 Answer | Asked in Divorce, Family Law, Juvenile Law and Legal Malpractice for Arizona on
Q: In Arizona, who handles grievances toward court appointed counsel? Does it matter if the lawyer has their own firm?

I fired my attorney, right in front of the "mediator", and she told me "all the lawyers here are interchangeable. They're going to tell you the same thing. " Had i only known i needed to say it to the judge. Maybe it wouldn't have made a difference at all.

Stephen M Vincent
Stephen M Vincent
answered on Jan 27, 2023

The Arizona Bar handles complaints about lawyers.

As for having their own firm, it really doesn't make a difference.

If you think of suing your lawyer, you really should speak to a legal malpractice attorney before you file anything.

2 Answers | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: My ex keeps brainwashing our child, convincing her that she is afraid of me and my parents. Is there any legal recorse?

My daughter is very happy when she is with me and/or my parents. Then I get phone calls from my ex (when our daughter is over there) telling me the kid is upset with me and doesn't want to go back to me when it is my time. She has our kid sit there listening and continually says to her,... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 21, 2023

I agree with Ms. Sirlin. Check your Parenting Plan, and if there's a non-disparagement clause (i.e., don't say anything negative about the other parent) or a clause about not discussing the case with the minor child, you should enforce.

I'd recommend consulting with an...
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2 Answers | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: My ex keeps brainwashing our child, convincing her that she is afraid of me and my parents. Is there any legal recorse?

My daughter is very happy when she is with me and/or my parents. Then I get phone calls from my ex (when our daughter is over there) telling me the kid is upset with me and doesn't want to go back to me when it is my time. She has our kid sit there listening and continually says to her,... View More

Randi Sirlin
Randi Sirlin
answered on Jan 18, 2023

Parents should never involve children in their adult matters, including issues such as parenting time. If you have a parenting plan through the Court, there should be language stating something to that effect. If there is no such language, I recommend speaking with an experienced family law... View More

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1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Banking for Arizona on
Q: I went through a divorce I couldn’t afford a lawyer all the things that my x wife acused me of were all lys for 38 year

The judge ordered everything in half but she has two bank accounts she didn’t put on table and I was the one paying for everything i didn’t know that she is a covert narsiste I was Being abused for20years and everything was about my youngest son and I didn’t even get the chance to say that I... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 29, 2022

I'm not entirely sure what you are asking.

If you discovered bank accounts that were not included in the Decree, you can ask the Court to revisit the Decree and include them as after-discovered assets.

If you feel you were shortchanged because you didn't have an attorney,...
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1 Answer | Asked in Divorce and Business Law for Arizona on
Q: Husband had a company prior to our marriage but then sold it after 12 years of marriage am I entitled to Money in divorc

Am I entitled to any money from his company during our divorce?

Peter H. Westby
Peter H. Westby
answered on Oct 11, 2022

Assuming you and your husband had no valid prenuptial agreement that would dictate otherwise, you might be entitled to be compensated for an interest in this business. From the information you provided it appears that your husband's business started out as his sole and separate property.... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: If I take full custody of my kids will my ex wife pay child support even if I have arrears

I gave my ex wife my apartment so she would not be on the street and sleep out of my car now the lease is going to be up and I am not doing the court order 3 weeks a month do to not having somewhere to take them and my x wants more child support but now I have a new home and she will have to move... View More

Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2022

Who pays child support currently is unrelated to whether arrears are owed.

Be aware the current child support remains in effect until you go to Court to modify it. At that point, child support is determined by a calculation.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: I am trying to take my infant son to a family wedding out of state while still getting divorced. 50/50 ldm and pt.

I am only requesting a small schedule change to take my 3 year old son to a major life event she is obstructing. What course can I take. This divorce has gotten very high conflict.

Stephen M Vincent
Stephen M Vincent
answered on Sep 8, 2022

If the divorce is still pending, the Preliminary Injunction is still in place. This means you'll need to either get the other parent's permission to travel out of state or you will need to seek a court order to permit the travel. If the latter, you will need to file a Motion to Travel out... View More

1 Answer | Asked in Insurance Bad Faith, Divorce, Estate Planning and Probate for Arizona on
Q: My dad was staying in a hotel that his insurance company paid for while his house was being repaired but he just died.

Me and my sister are his heirs but my mom(divorced) is telling me that since the insurance company is rebuilding part of the house to keep it up to code, that they're actually going to charge for the repairs. Is that really true and what are mine and my sisters options? And does my mom have... View More

Tim Akpinar
Tim Akpinar
answered on Jul 18, 2022

An Arizona attorney could advise best, but your question remains open for two weeks. I'm very sorry about the loss of your father. Your question is a little bit complex and straddles a number of categories; I can only address the insurance-related ones. The insurance company's decision... View More

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).... View More

Ilene L McCauley
PREMIUM
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... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: Mother has residential custody but father has full legal decision making, can court prohibit mom from school?

Recently we had an RMC and father requested a court order to enroll child in a muslim school. Mother opposed but court issued order stating that he has legal decisión making rights. In addition, the court went out of its way to rule that I (mother) not have ANY CONTACT with the school. How is this... View More

Stephen M Vincent
Stephen M Vincent
answered on Jul 21, 2023

Yes, the Court can prohibit you from going to the school.

Yes, you can file a Motion to Reconsider. List out the reasons you mentioned here, but do so more softly. The reasons you mention are all valid ones.

This happened at an RMC? The Court can't make orders at an RMC unless...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Can i pay for Court ordered TI with my Health Insurance?

My health insurance United healthcare dual complete - covers a LOT - and i want to know if I can pay my Therapeutic Interventionist with my insurance?

Stephen M Vincent
Stephen M Vincent
answered on Jul 20, 2023

You're asking the wrong people. That's a question for your insurance company. Without having a copy of your insurance policy, we cannot say whether you can or cannot.

1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: Best way to file a CLEAN OOP in a family custody case after original OOP was taken apart?

We obtained an OOP in June of 2022 on behalf of my minor daughter for abuse she suffered at the hands of father. HE left her outside in the heat without food or water last year in May. WE DO have a case in family court but it was HER OOP so I was on the order just because im the adult filing.... View More

Stephen M Vincent
Stephen M Vincent
answered on Jul 20, 2023

While, yes, you can file a new OOP, that may not be the most appropriate way to handle this situation.

This is better handled by filing an emergency motion in the family law case. OOP's are not meant to circumvent the custody courts.

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Arizona on
Q: I filed a motion for reconsideration today based on ARS 95a and ARS 83b after being ordered to pay 2k for TI at RMC

RMC was a circus. BIA and TI not present. Father making wild allegations with no evidence. Judge had tech issues and could not access electronic records to review our motions. Court made orders based on hearsay and wording on order says “MOTHER shall provide requested paperwork to TI and payment... View More

Stephen M Vincent
Stephen M Vincent
answered on Jul 19, 2023

I'm not sure what your question is, but I certainly wish you well on the Motion to Reconsider, as the judge should consider your ability to pay for services. I hope the public defense office can foot most of the bill.

As an aside and just as an FYI: Hearsay is permitted in family...
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