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Arizona Divorce Questions & Answers
1 Answer | Asked in Divorce for Arizona on
Q: My husband told me he wanted a divorce 11 months ago. He has a girlfriend but would never file so I did 8 months ago.

We have both been working with lawyers. Now I want to Un file. Is that allowed ? What do I do ?

Jay Hall
Jay Hall
answered on Oct 5, 2016

If he has answered the petition, you cannot unilaterally withdraw your petition. However, the parties can stipulate to dismissal.

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Im in arizona...can me and spouse agree to child support amount...do I need to use specific calculator or can we decide

3 children but we both agree on 600.00 a month

Jay Hall
Jay Hall
answered on Oct 5, 2016

You can agree and submit your agreement, but there is no guarantee the family court will adopt it. It depends how that figure compares to the support that should be paid pursuant to the Arizona Child Support calculator. The more significant the difference, particularly if your agreement is for the... View More

1 Answer | Asked in Divorce for Arizona on
Q: Wife was brain washed/hypnotised to divorce me. Now she's awake N want us back together. Mother is drugging her

Her mom is, taking her out of town because during brain washing therapy, something went wrong and she had a nervous break down. Now when alert, she want to be with me and is willing to testify that she was brain washed/under hypnosis during divorce. As her ex hunband, I have no saying and mom is... View More

Jay Hall
Jay Hall
answered on Oct 5, 2016

Your best option is to simply remarry.

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Is there a way to secure legal representation without funds? I have tried to find help and have not been succesful.

Searching since 2013, I survive on Social Security Disability, my issues are settlement of divorce, Ex has dominated the issues surrounding our divorce because he has resourses and access to legal counsel, I have applied and have been turned down twice through C.LS., I suffer from anxiety... View More

Jay Hall
Jay Hall
answered on Oct 5, 2016

Unfortunately, there aren't a lot of free or cost controlled resources available in family law. Perhaps contact ASU's law school or consult the court roster of attorney's who accept cases at a modest means rate. It still won't eliminate the cost, but it might make it more manageable.

1 Answer | Asked in Divorce for Arizona on
Q: Arizona Statue of limitations for a judgment post dissolution decree

ex spouse has not turned over a $7500 asset he was ordered to do so in July 2012.

Jay Hall
Jay Hall
answered on Oct 5, 2016

This type of compliance with the court order isn't subject to a statute of limitations, but you may compromise your case by waiting indefinitely. You should consult with an attorney about a contempt action, although make sure it's cost effective for you if you decide to pursue it. In a... View More

1 Answer | Asked in Domestic Violence, Family Law, Divorce and Child Custody for Arizona on
Q: If a domestic violence case is closed due to both parties denying anything took place, can it be reopened?

What if victim was scared or possibly threatened to not say anything to police at the time of the incident?

Jay Hall
Jay Hall
answered on Oct 5, 2016

The criminal implications of domestic violence makes this not a family law question. You'll need to ask a criminal attorney, but yes, cases closed or dismissed without prejudice can typically be reviewed and reopened for a certain period of time.

1 Answer | Asked in Divorce for Arizona on
Q: After12 yrs of marriage am I entitled to alimony and1/2 of everything.he gets2 disablity SS & VA lumpsum of$40grand?

I have nothing and and I'm scared

Jay Hall
Jay Hall
answered on Oct 5, 2016

Spousal maintenance eligibility is controlled by A.R.S. § 25-319(A). There are four criteria, but only one must be met to be eligible for spousal maintenance. However, there is no such thing as entitlement, as it is a discretionary (not mandatory) award. Even if you qualify under that statute,... View More

1 Answer | Asked in Divorce for Arizona on
Q: What steps do I need to take before I can legally dispose of my ex husband's property?

We have been separated since April 2016 and the divorce finalized in June...he has left some of his belongings in my house and has made no effort to retrieve it. What do I need to do before throwing it away so he can't say I owe him money for any of the items thrown away?

Jay Hall
Jay Hall
answered on Oct 5, 2016

Was that property addressed in the divorce decree? Generally speaking, you need to make reasonable efforts to arrange a time for him to retrieve some of his belongings. There is no bright line rule about this, so err on the side of caution.

1 Answer | Asked in Bankruptcy and Divorce for Arizona on
Q: Can my ex-husband file bankruptcy on newly acquired debts after a divorce?

My husband wanted to file bankruptcy, but he heard in the state of AZ that the debts will just be transferred to the other spouse. However, in a divorce, if I convince him to take all of our debt, is he able to file bankruptcy on all of the newly acquired debt? Or is there some law that states... View More

Jay Hall
Jay Hall
answered on Oct 5, 2016

He won't acquire any debt during the divorce. Even if he assumed all of the *community* debt, that's debt he's already responsible for at this time. The family court can't transfer any of your sole and separate debt to him.

He can declare bankruptcy but for jointly...
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1 Answer | Asked in Divorce for Arizona on
Q: with divorce, is it necessary to remain in the state until decree is final.

I meet residency requirements and would file before leaving the state

Jay Hall
Jay Hall
answered on Oct 5, 2016

Yes, you are free to leave the state. However, if you have children, the preliminary injunction will prohibit taking the children out of state without the other parent's consent.

Bear in mind that you may be expected to return for personal appearance at preliminary hearings. You'd...
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1 Answer | Asked in Divorce for Arizona on
Q: My husband is now a retired pilot from Northwest Airlines and we got divorced several years after he retired . He is 68

and I am 60. I received 1/2 of his s.s. payment in the mail on a card with my maiden name on it ( I kept my married name). He said it was a IWO and had me quash the order to stop me from getting 1/2. I need to find out where and why I was getting this money because the clerk of courts have no IWO... View More

John R Gaertner Jr
John R Gaertner Jr
answered on May 15, 2016

An attorney would have to review your court orders and speak with you to properly advise you in this situation. Most attorneys offer free initial consultations.

1 Answer | Asked in Divorce for Arizona on
Q: Will I be in contempt of court for filing taxes when divorce decree states we alternate years.

My ex husband and I divorced in 2014. The decree states that we alternate tax years. However, since he has demonstrated zero parenting time with 3 of our 5 kids and less than 6% parenting time with the other two I told him I would like to file. I am confident that proving my parenting time is not... View More

Adam Studnicki
Adam Studnicki
answered on Feb 21, 2016

Check with the lawyer who handled your divorce.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
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1 Answer | Asked in Divorce for Arizona on
Q: Where can I get free aid in filling out and understanding my divorce packet near Camp Verde, Arizona
Adam Studnicki
Adam Studnicki
answered on Jan 21, 2016

There may be self-help resources at AZ courts or online. Also, there may be legal aid clinics.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific...
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2 Answers | Asked in Divorce for Arizona on
Q: Once granted a deferral of court fees for divorce how long is the deferral valid for?

I was given a deferrals about 5 months ago but hvent filed divorce papers yet. Will I have to reapply?

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

There aren’t many lawyers answering family law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer. Good luck with your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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1 Answer | Asked in Divorce for Arizona on
Q: my husband and i are getting divorce no contest divorce is it law that i get half of his pension or do i have to

fight in court for it. we have been married for 20 years and together for 33years im now in az. and hes in ca.thankyou

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

There aren’t many lawyers answering family law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer. Good luck with your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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1 Answer | Asked in Divorce for Arizona on
Q: married since 2005, five children, three are biologically mine. ages 10, 3 yrs. old in April, 2 yrs old in May.

spouse in and out of jail for theft of credit card and theft, theft shoplifting, Single vehicle Accident DUI Meth, 3 yrs probation several violations during urinalysis, Meth. second child born 5 hours after release from jail, third child was born with shakes (tremors) from Meth. today charged and... View More

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

There aren’t many lawyers answering family law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer. Good luck with your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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1 Answer | Asked in Divorce for Arizona on
Q: How does my boyfriend file for divorce while in prison.

He's been married almost 10 years but lived together only 3 months.

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

There aren’t many lawyers answering divorce law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It...
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1 Answer | Asked in Divorce for Arizona on
Q: If judge ordered Quadro/split in divorce, but spouse never went thru with it (1998) Can I still enforce it?

Is there a statute of limitations?

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

There aren’t many lawyers answering family law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It...
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1 Answer | Asked in Divorce for Arizona on
Q: Can I divorce my husband?

We have only lived in the state of Arizona for 4 months, and we have a minor child together. I have an order of protection against him, protecting my son from him as well, and would like to get a divorce. Do I have to wait until my son and I have resided in Arizona for 6 months prior to filing?

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

There aren’t many lawyers answering family law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It...
View More

1 Answer | Asked in Divorce for Arizona on
Q: What name would I write on the divorce documents if my husband has a suffix?

His license and social security card say Jr, but our marriage certificate does not.

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

If you are using the self-help forms, check the instructions. Otherwise, ask your lawyer.

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Please Take Notice: I am not your...
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