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Arizona Divorce Questions & Answers
1 Answer | Asked in Divorce for Arizona on
Q: My domestic relations order stipulates that my ex will receive 16% of my retirement as of February 25 2011.

I am still at same job. Does she get a 16% cut of my total benefit when I retire or what I earned as of 2/25/2011

Randi Sirlin
Randi Sirlin
answered on Aug 19, 2018

I would need to see your order to really be able to advise you, but in general, she will get the amount ordered as of February 25, 2011. Be sure that there is no clause in your order which includes an interest rate and/or penalty for not paying at that time.

I would get something from...
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1 Answer | Asked in Family Law and Divorce for Arizona on
Q: After I send the application for default, the court will have a divorce hearing but I can't go! I live in Europe now.

I've filed all the paperwork excluding the last piece (application for default). Once I mail this in they will schedule a court date. In any case I won't be able to attend because I live in France now with no means to return to Arizona.

How can I finish up this divorce?

Randi Sirlin
Randi Sirlin
answered on Aug 15, 2018

I would file a Motion for Telephonic Appearance.

If you need assistance with that, you should contact an experienced family law attorney.

Nothing in this response should be construed as legal advice.

1 Answer | Asked in Divorce for Arizona on
Q: How can I undo the need for parenting classes for my adult children in divorce?

I filled out forms on-line for "divorce with no minor children", but when it asked me for biological or adopted children I filled in the info for my adult children. This automatically assigned summons for support and parenting classes. How do I remove this from our divorce?

Randi Sirlin
Randi Sirlin
answered on Aug 9, 2018

If no Response has been filed, you can file an Amended Petition. If a Response has been filed, you must file a request with the court called, "Motion for Leave of Court to Amend.

If you need assistance, I recommend meeting with an experienced Family Law Attorney.

1 Answer | Asked in Divorce, Child Custody and Child Support for Arizona on
Q: How should parenting time be calculated?

I have my kids from 6:30 pm until I drop them off at school at 7:20 am and their father has them from 2:00 pm-6:30 pm Monday-Friday. We switch every other weekend.

Randi Sirlin
Randi Sirlin
answered on Aug 9, 2018

While the court has discretion which may be based upon particular facts in a particular case, the 2018 Arizona Child Support Guidelines currently divide time periods as follows: time based upon 24 hours, time based upon 12 hours, time based upon 6 to 11 hours, time based upon 3 to 5 hours and... View More

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: married less than 14 days and we moved on. 23 years later she filed for divorce. What happens in this situation?
Randi Sirlin
Randi Sirlin
answered on Jul 26, 2018

The danger of staying married and not getting an actual divorce is that, not only can you not re-marry during that time, but the parties, unless they can agree otherwise, will have to equitably divide the debt and assets which have accumulated even though you are not co-habitating.

If you...
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1 Answer | Asked in Divorce and Real Estate Law for Arizona on
Q: My credit is not too good my wife's credit is better we are buying a new house . They want me to sign a disclaimer

What does that mean for me in the state of Arizona. In the event of a divorce does that leave me with no Realty real estate rights

Carol Lynn de Szendeffy
Carol Lynn de Szendeffy
answered on Jul 23, 2018

When a spouse signs a DISCLAIMER DEED that spouse is giving up any claim or right of ownership to the real estate (home) that is being purchased, i.e. any legal right to the real estate. In cases of divorce the disclaiming spouse may be able to share in any increase in the value of the real estate... View More

1 Answer | Asked in Bankruptcy, Divorce and Real Estate Law for Arizona on
Q: Is there a term for this and how long would this process take because I do not want to lose buyers.
Timothy Denison
Timothy Denison
answered on Jul 7, 2018

Make a motion for leave to sell the real estate and escrow the proceeds to pay the debts.

1 Answer | Asked in Child Custody and Divorce for Arizona on
Q: I moved out of Arizona. Have 50/50 custody of 17 year old twins and my ex will not let them visit. What can I do?
Randi Sirlin
Randi Sirlin
answered on Jun 11, 2018

It depends. If you have a Parenting Plan in Arizona, you can file a Petition to Enforce Parenting Time and you may request sanctions, including any attorneys fees and/or costs you incur as a result. You may also ask for "make-up" time.

Any Petition for Enforcement should include...
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1 Answer | Asked in Divorce for Arizona on
Q: Spousal support start date on divorce docs. Red flag?

Can spousal support start date begin before actual final divorce? I'm filing uncontested without a lawyer and don't want the court to hold it up with questions about alimony. Thanks.

Randi Sirlin
Randi Sirlin
answered on Jun 5, 2018

There seem to be a number of issues within your message.

First, in regard to a spousal support start date, if a party files for temporary spousal maintenance, that may begin the first day of the month after the party filed for it and can be retroactive to that time.

If a party...
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2 Answers | Asked in Family Law, Divorce and Real Estate Law for Arizona on
Q: My wife and married son own a home together that was purchased in cash prior to his marriage.

Does his soon to be estranged wife have any rights to the property?

Peter H. Westby
Peter H. Westby
answered on May 31, 2018

Your son's wife may have a community lien interest in this home if the mortgage payments and home maintenance or improvements were made with community funds during the course of the marriage. This can be a complicated issue and should be discussed with your son's family law attorney.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: what can I do if my kids come home from their dads and cry about him yelling and screaming and telling them I don’t love

We have temporary orders and I have the. Primarily my attorney doesn’t respond to any of my emails or help me what so ever!!

He is over 10k behind in child support and is a pathological liar! I also have a restraining order against him for threatening to kill me!

Randi Sirlin
Randi Sirlin
answered on May 30, 2018

If your attorney does not respond to your emails, that is a problem. Your attorney has a duty to communicate with you.

If your children come home and tell you the Father is yelling and screaming and saying you don't love your children, the first thing I would tell your children is,...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Arizona on
Q: Am i required to give spouse 2 weeks of uninterrupted time if he did not submit request in time?

Our decree states that the deadline for requesting uninterrupted time with our kids is May 1 of each year. I requested time well in advance of that date, my ex husband has not requested time yet. Last year, he did the same thing, but verbally requested time well after the deadline, which I agreed... View More

Randi Sirlin
Randi Sirlin
answered on May 24, 2018

As long as your Decree and Parenting Plan does require that a request be submitted no later than May 1, in writing, for the two weeks of parenting time, and there are no repercussions stated in the Decree and Parenting Plan for failure to do so, then you do not need to agree to a verbal request.... View More

1 Answer | Asked in Divorce for Arizona on
Q: Looking to get divorced. My husband and I are both on title of house...I am solo on loan.

There is a Federal Lien against the property (my debt) for more than it is worth. Could I be forced to sell it even though no one stands to make any money off the sale?

Randi Sirlin
Randi Sirlin
answered on May 14, 2018

In Arizona, we have what are called "anti-deficiency" statutes, so even if you file for bankruptcy, the government will not take your home.

However, if you fail to make payments on the house, your house might go into foreclosure and then you would be forced out of your home....
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1 Answer | Asked in Divorce for Arizona on
Q: Good morning, What happens at a mediation for divorce? What if you don't have an attorney representing you?

My daughter escaped to a woman's shelter due to spousal abuse only to have her husband file for emergency custody in Pima County. Because she prepared well, she presented information that persuaded Judge Furlan to dismissed the case. She was served with divorce papers the same day so now she... View More

John R Gaertner Jr
John R Gaertner Jr
answered on May 9, 2018

Your daughter should be represented at mediation. Many times abused spouses are intimidated by their abusers at mediations and the mediators do not understand the dynamics of the abusive situation the one parent has experienced at the hand of their spouse. As a result the mediator is focussed on a... View More

1 Answer | Asked in Civil Litigation, Divorce, Estate Planning and Real Estate Law for Arizona on
Q: Does my deceased moms will have any power over house contract. What options do we have.

My mom and her x husband bought a house in 89 and then divorced about 10 years later. In their divorce the judge said for them to sell the house to split 50/50. Her x husband wasn't interested in the house he let it go into hawk and him and his new wife bought a house in another city. My mom... View More

Peter H. Westby
Peter H. Westby
answered on Apr 30, 2018

This is an issue involving a large sum of money. When dealing with something of this importance, you need to discuss with a real estate attorney. Your attorney will need to review the divorce decree and the deed to this home before he or she can answer your question.

1 Answer | Asked in Divorce for Arizona on
Q: Does my husband have the right to keep my clothes from me if we are still married?

We are still married, but we are going to get a divorce. But I'm living with a friend and he told roommate he would bring the over and then he changed his mind. He said he would give me my clothes if I sign the divorce papers and let him get full custody of our daughter. Can he do this or does... View More

Randi Sirlin
Randi Sirlin
answered on Apr 20, 2018

You are entitled to your clothing. You can call the police and ask for a stand by for them to assist you to pick up your clothing.

do NOT sign anything giving him full custody, even if you don't get the clothing back yet.

The most important thing about your divorce is probably...
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1 Answer | Asked in Child Support and Divorce for Arizona on
Q: If child turns 18 and still enrolled in school , college, how long does he still have to pay child support?
Randi Sirlin
Randi Sirlin
answered on Apr 13, 2018

First, a parent is required to pay child support until a minor child turns 19 or graduates from high school

How long he has to pay child support will depend on whether there are any child support arrears. If so, he may have to pay child support for many years.

If you need...
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2 Answers | Asked in Divorce and Real Estate Law for Arizona on
Q: can a divorcing spouse sign a quitclaim deed to give up interest in property the other spouse is buying?

Wife is wanting to buy a home with a seller carry and husband says he'll sign a contract giving up interest in the purchase. Would that work and would it be a contract or a quitclaim deed and would that be recognized as legal during the final divorce? If they are legally separated, does that help?

Randi Sirlin
Randi Sirlin
answered on Apr 10, 2018

A quit claim deed will work but it is better to sign a disclaimer deed and sign and file a "Rule 69 Agreement" with the Court, stating that the spouse who is relinquishing ownership will have no liability whatsoever regarding the loan.

If you need further assistance, you should...
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1 Answer | Asked in Divorce for Arizona on
Q: I've been married 33 years, we have no assets, savings, children, she has a 401k,but I don't. I want a divorce, ?
Randi Sirlin
Randi Sirlin
answered on Apr 9, 2018

If you are asking about the retirement, the answer is as follows:

You are entitled to 50% of the retirement if it was started during the marriage. If you set up and put your half in a retirement account, neither you nor your wife will be taxed or penalized by the IRS as it is called a...
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1 Answer | Asked in Divorce for Arizona on
Q: how can I prove his debts were used on extramarital affairs

I'm about to file for divorce and I need to know how can I prove that husband's credit card debts

were spent on extra marital affairs. He can't provide proof of what he used the credit card for since

it was over a long period of time.

Randi Sirlin
Randi Sirlin
answered on Apr 9, 2018

You will be able to prove it based upon what is called "Discovery" and/or "Disclosure." Rule 49 of the Arizona Rules of Family Law Procedure provides that both parties must exchange a limited amount of bank and credit card attorneys.

If I was your lawyer, I would also...
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