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Arizona Divorce Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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
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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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1 Answer | Asked in Bankruptcy, Divorce and Family Law for Arizona on
Q: During a divorce in az Are premarital assets considered community assets after a joint bankruptcy?

Married 12/26/17

Bankruptcy filed 12/03/18

Bankruptcy complete 3/19/19

Diane L. Drain
Diane L. Drain
answered on Sep 21, 2019

You should talk to your bankruptcy attorney because the answer depends on certain facts.

1 Answer | Asked in Family Law and Divorce for Arizona on
Q: is it considered spousal abandonment when one spouse who is the caregiver to the other that is an ailing veteran without

Leaves without informing and intentionally not telling them they petitioned for divorce.

Mike Branum
Mike Branum
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

1 Answer | Asked in Criminal Law and Divorce for Arizona on
Q: So if I was convicted in 2007 on a paraphernalia charge ,was sentenced to 1 year probation ,successfully finished in

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

Gary Kollin
Gary Kollin
answered on Sep 11, 2019

charge you with a prior what?

1 Answer | Asked in Divorce for Arizona on
Q: wife left 2 months . we want to get divorced. we agree on everything. she moved to seattle. how does she file respone

how can she file living out of state

Rich J. Peters
Rich J. Peters
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

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Since I do not contest any of the orders in the petition, do I need to still file a response?

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.

Mike Branum
Mike Branum
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

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Arizona on
Q: If I leave the house with my kids will it cost me in the divorce?

Do I have to continue living in the house until the divorce is final? Will the Judge see it as abandoning?

Mike Branum
Mike Branum
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

1 Answer | Asked in Divorce, Estate Planning, Family Law and Arbitration / Mediation Law for Arizona on
Q: will I get 1/2 of the equity?

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

Mike Branum
Mike Branum
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.

1 Answer | Asked in Divorce for Arizona on
Q: My Husband stopped paying per our Separation Decree.

Per our Separation the court declared my Husband should pay $ 600/mo. He stopped paying 3 months ago, what are my options?

John R Gaertner Jr
John R Gaertner Jr
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.

1 Answer | Asked in Divorce for Arizona on
Q: If your husband files for divorce in state of Arizona is no fault state can he still divorce me
Mike Branum
Mike Branum
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.

1 Answer | Asked in Divorce for Arizona on
Q: Can the proceeds from the sale of a house be put in a escrow account until divorce is filed?

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

John R Gaertner Jr
John R Gaertner Jr
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

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