Get free answers to your Divorce legal questions from lawyers in your area.
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... View More
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... View More
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?
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.
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... View More
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... View More
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... View More
The are specific in the Will about sealing and distributing the items and monies? Due to having started with a blended family.
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... View More
I’m a girl married to a girl
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... View More
Married 12/26/17
Bankruptcy filed 12/03/18
Bankruptcy complete 3/19/19
answered on Sep 21, 2019
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.
answered on Sep 19, 2019
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... View 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
how can she file living out of state
answered on Jul 30, 2019
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.... View 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.
answered on Jul 23, 2019
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... View More
Do I have to continue living in the house until the divorce is final? Will the Judge see it as abandoning?
answered on Jun 21, 2019
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... View 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... View More
answered on Jun 20, 2019
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?
answered on Jun 11, 2019
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.
answered on Jun 9, 2019
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... View More
answered on May 17, 2019
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.... View 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... View More
answered on Apr 29, 2019
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... View More
I live in Arizona and I’m 15 am I able to make my decision with living with my mom
answered on Apr 26, 2019
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... View More
answered on Apr 22, 2019
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.
answered on Apr 22, 2019
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.