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Arizona Divorce Questions & Answers
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 »

2 Answers | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: My wife wants a divorce, we are in AZ and says if I don’t move out, she will with our 19 month old son. Can she legally?

As of this afternoon, I checked myself into a hotel to calm the situation down in the house. There has been no physical altercations in the place I’ve never been involved.

Mike Branum
Mike Branum answered on Jul 12, 2020

The short answer is yes. One of you needs to file and you need to establish temporary custody orders so that you both know what your rights are concerning custody and visitation.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: If I have sole legal custody, can my ex take me to court to pay for flight tickets when he comes out to see our son?

Ex has no parenting rights but I allow him to see his child. He is asking that I pay half of all flight tickets to make this happen and has threatened to take me to court if I don't pay

Mike Branum
Mike Branum answered on Jul 1, 2020

As I advise clients on a regular basis, you can take someone to court for just about anything. Getting the court to make you pay for half his travel costs is another matter. You are under no obligation to assist your ex with his travel expenses. If he cannot afford to pay for his own travel... Read more »

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1 Answer | Asked in Divorce for Arizona on
Q: When filing for divorce and planning to move out of state, where should one file?

Currently residing in AZ with spouse and 4 children. Moved to AZ from MI in 2017. I am planning to file for divorce but also planning to move back to MI with the 4 children. Should I wait and file in MI so that there are no issues leaving the state if I was to file in AZ?

Jay Hall
Jay Hall answered on Jun 1, 2020

The answer really depends on the anticipated issues in your divorce and your spouse's eagerness to file if you do not. Based on the incomplete information provided, if everything is amicable and your spouse is in no rush to file, you can wait but you and the children will need to live in... Read more »

1 Answer | Asked in Consumer Law and Divorce for Arizona on
Q: if I leave the house will I be abandoned my kids? My husband is abusive mental and physical.

he lost his job in covid 19

Jay Hall
Jay Hall answered on May 25, 2020

No, removing yourself from an abusive situation is not abandonment. If you intend to divorce, you should take advantage of a free consultation at your earliest opportunity to discuss how to preserve all of your rights.

1 Answer | Asked in Divorce for Arizona on
Q: Can your soon to be ex husband just say be out in 30 and only take whats your cause he pay for things?

Does he have a right to keep your sons bedroom furniture and tv and computer cause he paid for them and does want them going if needed to his Biological fathers house cause he paid for it all

Jay Hall
Jay Hall answered on May 25, 2020

Property acquired during the marriage is presumptively community property regardless of who paid for it, unless the funds used were a legally separate source like inheritance or money earned before the marriage. That property must be divided equitably in your divorce.

1 Answer | Asked in Divorce for Arizona on
Q: Can you change a lowered time & amount modification of spousal support back to original decree amount & time duration?

I have come to realize that I will not be able to survive each month with no spousal support. I modified with my ex husband to lower the amount & time duration to 4 years. It was in the original decree to be more money each month & to not end until I remarried. Will I be able to change this... Read more »

Jay Hall
Jay Hall answered on May 25, 2020

The modifiability of spousal maintenance first depends on the language of the current orders. If your agreement did not make maintenance non-modifiable, it will be possible to modify. You will need to prove the occurrence of substantial and continuing changes since your last modification. Simply... Read more »

1 Answer | Asked in Divorce for Arizona on
Q: Is my husband liable for credit card debt after divorce?

I have 2 credit cards that were acquired while we were married, but are only in my name (all debt is paid off, they are at a $0 balance). If I keep these cards, will he be liable for any debt that gets placed on them after we get divorced?

Jay Hall
Jay Hall answered on May 25, 2020

No, debts assumed in one (ex) spouse's name only after the date of service of a divorce petition will be separate property of that individual.

1 Answer | Asked in Divorce for Arizona on
Q: If I live in Arizona, and my wife and kids live in Virginia, is it true that I cannot file for divorce in Arizona?
Jay Hall
Jay Hall answered on May 25, 2020

No, it isn't true, but there are important limitations. You can file for divorce in Arizona if you've resided here for at least ninety days. Unfortunately the Arizona courts may not have any jurisdiction over the child custody issues. When there are no existing orders, interstate... Read more »

1 Answer | Asked in Divorce and Child Support for Arizona on
Q: Question

Hello good afternoon I have a question me and my husband are separated but still married we bought the house together but the house was under his name so he sold the house and got 39,000 knowing I had recently got a job I felt like I deserved part of it since we both live at the house and we had 1... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on Apr 9, 2020

Additional information is required to properly and accurately answer your question. Since the house was bought during the marriage it would generally be community property. At the least you would have a community lien on separate property. You should contact an experienced family law attorney for a... Read more »

1 Answer | Asked in Real Estate Law, Divorce and Estate Planning for Arizona on
Q: 1. Can a married couple file their our Will for distribution of half and half of our property?

The are specific in the Will about sealing and distributing the items and monies? Due to having started with a blended family.

Nina Whitehurst
Nina Whitehurst answered on Feb 13, 2020

Wills do not get "filed" anywhere until after the testator/testatrix passes; until then they are private.

Planning for blended families can be complicated, especially if both spouses want to provide for the surviving spouse but still protect the inheritance of the children of...
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1 Answer | Asked in Divorce for Arizona on
Q: If I’m married to a women and I have a two year old son that is not biologically her to I file divorce without a miner?

I’m a girl married to a girl

Rich J. Peters
Rich J. Peters answered on Jan 3, 2020

Yes. But was the child born during the marriage?

Please come in soon. We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer...
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