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Arizona Divorce Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Divorce for Arizona on
Q: Last year my divorce/parenting plan was signed off in Georgia. I have since moved To Arizona following my court order

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

Mike Branum
Mike Branum
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

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for Arizona on
Q: I’m 15 and live in Arizona and my dad is a alcoholic and smokes out of wax pens and other things it’s hard for me please

I live in Arizona and I’m 15 am I able to make my decision with living with my mom

Mike Branum
Mike Branum
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

2 Answers | Asked in Divorce, Family Law and Domestic Violence for Arizona on
Q: Thank you for the response. Is there an attorney I may speak to here in Tucson. I would not be able to travel to Phx.
Rich J. Peters
Rich J. Peters
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.

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1 Answer | Asked in Divorce for Arizona on
Q: There is a pattern of phys, verbally, and financial abuse. My husband says I'll be on the street if I leave him.

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.

Rich J. Peters
Rich J. Peters
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...
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1 Answer | Asked in Divorce for Arizona on
Q: My wife filed an Order of Protection. How do I get the judge to quash it?
Rich J. Peters
Rich J. Peters
answered on Mar 18, 2019

You need to file a "Request for Hearing". You can do so at the same Courthouse that issued the Order.

We can help. Please come in soon. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures...
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1 Answer | Asked in Divorce for Arizona on
Q: My husband has been having an affair for the past 6 months. I want to file for divorce what do I do?

Is Arizona still a no fault state? I want to know what would be in my favor financially to make sure my kids and I will be ok?

Rich J. Peters
Rich J. Peters
answered on Mar 12, 2019

Please come in soon. We can certainly help you consider and then pursue your options for divorce. This is obviously a very important matter, and you should not go in alone. We can then discuss how child support is calculated in Arizona, whether you may be entitled to spousal maintenance (alimony),... View More

2 Answers | Asked in Divorce for Arizona on
Q: Hello

I have a question about changing judges for an upcoming court hearing on February 25th?

Rich J. Peters
Rich J. Peters
answered on Feb 15, 2019

Under Arizona law, you are freely permitted to change attorneys anytime you so desire and for any reason whatsoever. It does happen quite often.

If you choose a new attorney, that attorney need simply needs to file a notice of substitution which alerts the court and the opposing party that...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: I want a divorce. I don’t want my spouse draining our savings if I don’t file before telling him. Can he do that?

I’m afraid if I tell him before I file he will spend our savings account. I know filing freezes assets. But I also need to tell him soon, perhaps before I’m able to file. I just need to know if he starts spending from our savings account recklessly if he will be required to still pay half the... View More

Rich J. Peters
Rich J. Peters
answered on Jan 24, 2019

Technically, any charges/debts incurred PRIOR to service of the Petition for Dissolution ARE community debts. Technically, he is permitted to spend community funds any time he wants to PRIOR to being served. But, when you add the word "recklessly", I would say that we could pursue our... View More

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Can an ex-spouse petition the court to modify a divorce dissolution where there are no installment payments?

My dad was convicted and sentenced to 80+ years in 2016, his divorce from second wife was final in 2012. She is petitioning the court to remove the clause in their divorce that states my father was entitled to 50% of her retirement that accumulated over their 7 year marriage. She was instructed by... View More

Rich J. Peters
Rich J. Peters
answered on Jan 21, 2019

I would need to now so much more. TYPICALLY, it is very difficult to modify the terms of a Divorce Decree which divides property. What is she claiming is the basis to modify? Did your Father owe her other monies that she is claiming were unpaid?

Also, when was the estate served with her...
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1 Answer | Asked in Child Custody and Divorce for Arizona on
Q: In a 50/50 custody situation, do judges take into consideration jobs of a parent where work travel is unpredictable?

I travel 8 days per month, but they are always a different 8 days. I don't want to lose any of my 15 days with my kids. Will a judge allow us to develop a schedule on a month to month basis that accommodates this as long as it is perceived as fair to the other parent? I'm not a pilot,... View More

Donald Arthur Hilland
Donald Arthur Hilland
answered on Dec 21, 2018

Although family law courtrooms are very crowded, especially this time of year, Judges for the most part do strive to create workable schedules for working people with minor children. You're right that you need to keep working and supporting your children and you should not miss out because of... View More

1 Answer | Asked in Divorce for Arizona on
Q: Will property acquired prior to marriage law remain in effect even though the new wifes name was added later?

I purchased a home in 2008 as a single man, got married in 2011, and refinanced (with her name on the new loan) in 2014. Does that re-fi

wipe out the provision of community property "prior to marriage" being non community property?

Randi Sirlin
Randi Sirlin
answered on Nov 30, 2018

There is no black and white when it comes to the law. However, in general, if you added your Wife's name to the title, the presumption is that you "made a gift" to the community.

If you need additional assistance, I recommend contacting an experienced, family law attorney.

1 Answer | Asked in Divorce for Arizona on
Q: I am in need of a divorce lawyer in Phoenix, AZ. I am married to a British man and have passed the time for an

annulment. We separated 4 months after getting married, he left back to England, and we have been estranged for 2 years. Can I still get an annulment? How do I move forward in legally divorcing this man?

Randi Sirlin
Randi Sirlin
answered on Oct 29, 2018

You may still be able to obtain a Decree of Annulment.

There is no time limit. You must simply show an impediment to marriage existed.

If you need additional assistance, I recommend contacting an experienced, family law attorney.

1 Answer | Asked in Divorce for Arizona on
Q: Do I have to change my surname after I get divorced?
Randi Sirlin
Randi Sirlin
answered on Oct 12, 2018

You do not need to change your name. It is completely up to you.

1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: How likely would it be for me to get full custody of my son? I am gathering information right now

My husband and I are married and live together. He has no complete education, no steady employment nor history of employment, and has had to serve community service for disorderly conduct.

I am a high school&trade school graduate with a history or steady employment. I am also returning... View More

Randi Sirlin
Randi Sirlin
answered on Sep 12, 2018

Custody (now called "legal decision-making authority) involves major decisions regarding your son such as what type of education he receives and what type of medical care he receives.

This is sometimes based upon who has historically made these decisions, but the result will be...
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1 Answer | Asked in Divorce for Arizona on
Q: Arizona: Do I HAVE to list anything for community property? Can my ex and myself leave these sections blank if we agree?

No children.

Randi Sirlin
Randi Sirlin
answered on Sep 5, 2018

I don't know the specifics of your situation so please do not take this response as being legal advice.

If there are bank accounts, credit card accounts, other accounts, real property (a home and/or land, a building, etc.), those assets should be listed.

If you have items worth...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Is there anyway to sure my husband for putting me thought hell?

My son passed a away less than 6 moths. My husband brings a woman home, since than I am suffering and depressed since we have to live together. Also my health is dropping because I am unhappy and could not sleep at night.

Peter H. Westby
Peter H. Westby
answered on Aug 23, 2018

Your situation is very complicated and there is no easy answer. I strongly recommend that you speak with a family law attorney. Once your attorney knows all of the facts, he or she can let you know your best options.

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: If he signs a disclaimer deed, do I still have to give him 1/2 of the house if I files for divorce?

I bought this house less than a year ago, even I use our join account to buy this house. I have him sign a disclaimer deed, is it he still can claim 1/2 of the house if we files for divorce?

Peter H. Westby
Peter H. Westby
answered on Aug 23, 2018

In a divorce, each spouse can make any claims each may believe are justified. The Judge will determine which claims are supported by the facts and which are not. In your case, your Judge will decide if your husband has any interest in this home. I recommend hiring a family law attorney to assist... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Arizona on
Q: We have two houses, one is under his name and other is under my name. If we divorce, each one will get one house?

we been married for 22 years and we both own a house. He bought his house before our marriage, but using our bank account to pay for his property, utility bill and any fixing of the house. My house was bought less than a year ago, with our join account money. But he sign a disclaimer deed, do I... View More

Peter H. Westby
Peter H. Westby
answered on Aug 23, 2018

If you and your husband settle your case, it can work out so that each of you keeps a home. If you do not settle, anything can happen during a trial. If the case goes to a trial you will have an agreement made for you by your Judge and it may not be ideal.

Your case involves two...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: My husband computer had pictures and video of him sleeping with another woman. Can I use it?

Could I used it to prove them having adultery?

Peter H. Westby
Peter H. Westby
answered on Aug 22, 2018

Arizona is a "no fault" divorce state. There is no longer any need to prove grounds for divorce such as adultery. Because of this, your video may not be useful. I strongly recommend that you discuss this matter with a family law attorney. Your attorney will want to know more about the... View More

1 Answer | Asked in Divorce, Family Law and Social Security for Arizona on
Q: How and what makes you qualification obtained alimony and Social Security benefits?

We have been married for 22 years, am I able to get any alimony from him? He is now 62 years old.

Randi Sirlin
Randi Sirlin
answered on Aug 22, 2018

Your case is very fact based. Arizona used to have guidelines for payment of alimony (now called "spousal maintenance). When those guidelines were in place, and given what facts you have provided, you would have likely have qualified for "lifetime spousal maintenance.

Without...
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