Ask a Question

Get free answers to your Divorce legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Arizona Divorce Questions & Answers
1 Answer | Asked in Divorce for Arizona on
Q: My parents just moved to AZ from CT. They were married in NJ. Can they file the divorce here without being a resident ?
John R Gaertner Jr
John R Gaertner Jr
answered on Jan 23, 2018

No. There is a 90 residency requirement before a party can file for divorce in Arizona.

1 Answer | Asked in Divorce for Arizona on
Q: We have a child but neither of us have custody. Is this a with or without children divorce? we live in separate states.

I live in az he lives in ca and got married in Nevada does this effect anything?

Randi Sirlin
Randi Sirlin
answered on Jan 21, 2018

While I can't give you legal advice without knowing more about your situation and particular circumstances, I can let you know what I would do given the information provided.

If you have a child and you are getting a divorce, it would be a divorce with minor child(ren).

If your...
View More

1 Answer | Asked in Divorce and Collections for Arizona on
Q: Divorce decree follow through...what to do if it's not being followed through with?

Ex-husband ordered to pay certain bill and now collection agency is calling me

Randi Sirlin
Randi Sirlin
answered on Jan 16, 2018

While I can't give you legal advice, I can give you information Your situation is what the Court calls a, "Post-Decree" matter.

I would get proof that he is not paying the bills, and file for Contempt of Court. If you file for Contempt of Court, it is important that you...
View More

1 Answer | Asked in Divorce for Arizona on
Q: I need help preparing an answer to a divorce petition and I am currently unemployed.I need help right away.

I have less than 20 days to respond.

Randi Sirlin
Randi Sirlin
answered on Jan 12, 2018

There are free forms at superiorcourt.maricopa.gov. I can fill it out with you for a fee of $150.

1 Answer | Asked in Divorce and Tax Law for Arizona on
Q: How do I know if I have to file jointly or separately with an ex-spouse?

My divorce was finalized August 2, 2017. I want to file separately. He says because we were married for most of the year we have no choice. Is this accurate?

Michelle D. Wynn
Michelle D. Wynn
answered on Jan 10, 2018

Because you were divorced on 12/31/2017 you cannot file with a married filing status. You should each file your returns as Single or Head of Household, whichever is appropriate in your circumstance.

1 Answer | Asked in Divorce for Arizona on
Q: im in the process of getting divorced and before we married i own a home in gilbert,az, is my ex going to get any part o
Randi Sirlin
Randi Sirlin
answered on Jan 8, 2018

If you used wages to make mortgage payments during the marriage, he may have what is called a "community property" interest in your separate property asset. There is something called a "Drahos" calculation.

I would be happy to tell you more at 602-561-8107

1 Answer | Asked in Child Custody and Divorce for Arizona on
Q: How can i find out who has jurisdiction regarding my divorce and the custody of my daughter?

The state I'm in right now (Arizona) says that they don't have any record of them filing for transfer of jurisdiction from New Mexico and New Mexico says they can't tell me anything about it so then I found out he moved to Louisiana. how do I go about finding out what I need to... View More

Randi Sirlin
Randi Sirlin
answered on Jan 2, 2018

Unfortunately, I am only licensed to practice in Arizona and can't answer your question for that reason.

1 Answer | Asked in Divorce for Arizona on
Q: My ex will not participate in completion of the QDRO's. Is there a way for me to keep 100% of the assets?

Decree signed 2014. Ex appealed to AZ Court of Appeals and lost at trial in 2017. She flat out refuses to participate in the QDRO's even though there are significant financial assets that she will gain. I do not understand her motivation but am more than happy to keep it all if she... View More

Randi Sirlin
Randi Sirlin
answered on Dec 27, 2017

My thoughts: if you have an order for a QDRO, you can ask the court to hold her in contempt if she is willfully disobeying a court order. You may ask for jail time until she signs.

If you have a property settlement agreement which is incorporated but not merged with the decree, you may sue...
View More

1 Answer | Asked in Divorce for Arizona on
Q: I was served for divorce. I want an annulment. Can I respond to the divorce filing by filing annulment papers?
Randi Sirlin
Randi Sirlin
answered on Dec 26, 2017

Yes. Absolutely. We just allege an impediment to the marriage. Randi Sirlin 602 561 8107

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Daughter in law took baby to Idaho but my son did not give her permission to move baby there. We live in AZ. What can my

There is no custody. They got married in Feb 2017 James was born in June she left oct 20. Can my son go get him from Idaho and bring him home

John R Gaertner Jr
John R Gaertner Jr
answered on Nov 16, 2017

Father must file for Dissolution of the Marriage and request that the child be immediately returned to AZ (the home state of the child). Waiting on this issue is extremely damaging to your son's chances of having the child returned to Arizona. Also, if he waits, Wife will probably be able to... View More

1 Answer | Asked in Divorce for Arizona on
Q: can I qualify for a divorce lawyer in Phoenix arzonia pro bono if I live in la county, california ?

My newly ex husband sent divorce papers to his mom in which gave them to my mom & than gave them to me. Decree of dissolution of marriage w/out minor children, filed 4/17/17. I was never served or signed anything ever. Is this even legal ?

Joseph Torri
Joseph Torri
answered on Sep 3, 2017

You may want to ask some pro bono/legal aid agencies in Phoenix if they can help you. However, I think a lot of the agencies require that you live in their jurisdiction, but it doesn't hurt to ask them. California lawyers who are not licensed in Arizona won't be able to comment, and... View More

1 Answer | Asked in Divorce for Arizona on
Q: Can an Arizona judge give my exwife my entire GI Bill
Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2017

Pursuant to federal law, Post 9/11 GI benefits are not marital property and not subject to division.

1 Answer | Asked in Divorce for Arizona on
Q: When considering division of assets/debts, what do you do if one person refuses to acknowledge some of the shared debts?

I am refinancing the house to keep it in my name. We have solar and owe on another loan. My ex refuses to acknowledge that he is responsible for 50% of the solar cost when looking at the amount of equity he should receive from the house. I am feeling stuck as to what to do. The home appraised at... View More

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2017

Your divorce agreement should clearly define what equity is. If it doesn't and the solar costs aren't directly tied to the home, then you may have an issue including that in the equity calculation.

1 Answer | Asked in Contracts, Divorce, Family Law and Civil Rights for Arizona on
Q: I'm being forced to sale my home, for way less than I agree.

My wife and I have been going through a divorce for more than a year now. She moved out a year ago, I stayed in our marital home. Its on her credit not mine and she got the judge to order the sale of the home and her attorney proposed an agent by the name of Tim. He is on the list of cert. court... View More

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2017

If the final order does not address listing price by giving you the power to veto the listing price, or a minimum list price, then you may not have any say over the listing.

1 Answer | Asked in Divorce, Family Law and Child Support for Arizona on
Q: What to do next after filing and no response.

Originally we did mediation and came to an agreement. I filed divorce with children in December. He acknowledged it but Did not respond. We have completed the class and it's more than 60 days out. I'm confused which packet I'm supposed to do. We have already agreed to everything.... View More

John R Gaertner Jr
John R Gaertner Jr
answered on Apr 12, 2017

If you actually served your Husband with the initial pleadings, you can begin the default process if he did not respond within 20 days from when he was served. As for child support, if you had an agreement as to this issue and now circumstances have changed, you will need to modify child support.... View More

1 Answer | Asked in Banking and Divorce for Arizona on
Q: I want to get a ledger of my wife banks accounts, I have a power of attorney for finance but the banks refuses to give ?
Tevis Steven Reich
Tevis Steven Reich
answered on Mar 2, 2017

There is likely something wrong or insufficient with the document you are presenting. Is it a springing power of attorney. Has the POA been revoked? I would suggest you speak with an attorney in your area who will be able to assist you.

1 Answer | Asked in Criminal Law, Divorce, Child Custody and Child Support for Arizona on
Q: Is Bigamy a crime in Arizona and how is it reported and enforced? My husband engaged to someone else & married another.

We were married with two children and living with his parents, he got engaged and I moved with my parents and the children to Georgia. He had a baby with the lady he got engaged to and now I find out he married another woman in Las Vegas. I had to report him to Child Support Enforcement through... View More

Paul Stanko
Paul Stanko
answered on Nov 5, 2016

You don't need an attorney to file criminal charges. Simply contact the police in the appropriate jurisdiction, file a report, and let the prosecutor decide whether to file charges.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: Having to decide custody...one parent emotionally abusive (proof) other parent no income. Who has better odds?

I have endless evidence of spouses emotional abuse, habitual lying, and refusal to co-parent. I have a been a stay home parent since first child (of 5) so kids and I live with family and I have no current ability to get a job. Spouse also lied about having ability to pay child support without court... View More

Jay Hall
Jay Hall
answered on Oct 13, 2016

A parent's earning capacity is irrelevant to the determination of parenting time and/or legal decision-making. Your living situation may be a factor though if the home is too crowded to appropriately accommodate the children.

1 Answer | Asked in Divorce for Arizona on
Q: Will a lawyer help in filling out divorce papers, and how much does that cost? ?
Jay Hall
Jay Hall
answered on Oct 5, 2016

Some lawyers do offer document preparation assistance or unbundled legal advice. These services usually aren't cost effective though because the self-service forms are fairly simple.

1 Answer | Asked in Divorce for Arizona on
Q: If my daughter is 8 months pregnant and is getting a divorce, is it with children or without?
Jay Hall
Jay Hall
answered on Oct 5, 2016

It is without children until a child is born. Though she should indicate in her petition that she is pregnant.

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.