If you are getting a divorce in Arizona, the presumption will be that any debt which was incurred during the marriage (other than regarding real property), is community debt, which means you currently each are both responsible for the debt, whether one spouse knew about the debt or not.... View More

This is not true. Any rights that a spouse acquires in the marital home, either before or during marriage, are not extinguished by moving out of the home.

This is a question that you need to ask your lawyer. Your lawyer knows your case best and can let you know what is possible and what is not. As a general rule, you cannot get a default decree for more or different relief than what you asked for in the petition. You can start the procedure again... View More

You need help to obtain your share of the community property and spousal support from your husband. If you cannot afford a lawyer you should contact Community Legal Services or the State Bar of Arizona Volunteer lawyers program. Either may be able to match you with an attorney who will work... View More

Look at your divorce agreement. Some agreements will allow the parent who is receiving child support to claim the child if the other parent is behind on child support. If that is not the case then likely your only recourse will be to take her back to court to enforce your agreement.

Yes, but you probably should not do it right before you get a divorce or legal separation.

The order is clear that the parties must ("shall") exchange financial information every 24 months. If your ex does not. you can file a Petition to Enforce the Consent Decree and request the Court sanction him for his failure to comply and force him to produce the records. Inform your ex... View More

If you move quickly you should be able to collect. I recommend having your court order reviewed by an attorney. It may be possible to record the order and collect at COE. If, after review, this does not appear feasible, you can proceed through the Court to obtain payment of your portion of the... View More

Only if the check is for spousal maintenance or child support. If it is simply a settlement check, as long as you agree to the terms of the settlement, you can simply cash the check. However, be careful. If you don't agree to ALL the terms of the divorce, signing and cashing the check could... View More

If you are representing yourself in this litigation you need to be familiar with court rules. See rule 12 (d) that states when matters outside the pleadings are presented in support of a motion to dismiss under rule 12, the Court shall treat the motion as one for summary judgment. You have some... View More

This is not unusual. You can remedy this situation by asking the court to enter temporary orders for parenting time and child support.

Yes, under most circumstances a father has the right to have full information concerning his children. If access and information is being denied, a father can obtain an order from the Superior Court enforcing his parental rights. Seek the advice of a family law lawyer to learn more about your... View More

The court can assist you by waiving the filing fee so you can file your response. You will need to apply for waiver using court forms. Look at the Maricopa County Superior Court website forms and instructions.

Unless they were friends, there is likely nothing you can do.

It appears that your husband is doing some pre-divorce planning intended to prejudice your rights. I recommend immediately consulting with a family law lawyer so that you know your legal rights and your best options. Your family law lawyer will learn all of the facts of your case and is the best... View More

If the petitioner wants to proceed five months after you were served, you can certainly respond to the original divorce papers (Petition for Dissolution).

You may want to submit a Notice to the Court that you and Petitioner did reconcile that that is why a timely Response was not filed,... View More

It is important that the deeds to your properties are in your name only. In addition, your husband should sign a disclaimer deed for each of your properties confirming that they are your sole and separate property and he has no interest in them The disclaimer deeds must be recorded.

You should file a Petition for Order of Protection and make sure it includes the child.

You could enter into a post-nuptial agreement concerning these issues and others that may be pertinent in the event of a divorce. This would need to be done formally with both spouses represented by independent counsel. This is not a perfect solution. There is no guarantee that a divorce court... View More

Your decree is final when the court signs it and it is filed by the clerk. If you are using the consent decree procedure, there is normally no need for either of you to appear in court. The process is usually quick, but can be delayed if your judge has an unusually busy calendar.