Husband was ordered to complete a drug program, drug testing, and psych evaluation that was not completed.
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answered on Dec 27, 2023
In the context of a divorce default hearing in Arizona, you may have the option to use current temporary orders, particularly if your husband has failed to comply with the court-ordered drug program, testing, and psych evaluation. The non-compliance with these orders could significantly impact the... View More 
There is debt associated with the business (a business credit card and money we owe a business coach). I am no longer working on the business, having had to get a job since my estranged husband agreed to be the breadwinner while we got the business up and running. When he left, I had limited... View More
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answered on Dec 20, 2023
In general, business debt follows the business. So whoever retains the business takes that debt with the business. It is usually calculated into the equity of the business when determining its value. However, if the debt is not in the business name but in one of the parties' name, the debt... View More
If she is able to pay me out but not refinance, is she held in contempt? It also states to sell property if she can’t meet the court’s ruling. Please let me know, thank you!
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answered on Dec 20, 2023
For someone to be found in contempt, the facts must show that the person knew about the order and willfully disobeyed the order. Based on what you stated, it appears the court is most likely trying to accomplish two goals with its order: pay you the equity in the property that your ex retained and... View More
My brother is involved in an adult protection service (APS) in Arizona, he is the victim in this scenario. He wants to move in with me here in Wisconsin but doesn't know if he can move out of state during an ongoing investigation. He wants to move for his protection. He is a disabled adult.
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answered on Dec 20, 2023
In Arizona, if an individual involved with Adult Protective Services (APS) as a victim wishes to move out of state, there are a few considerations to keep in mind. Generally, a victim of abuse, neglect, or exploitation has the right to choose where they live, but this decision can be complex,... View More
Dcs removed children from parent but parent has not been interviewed or allowed to state facts before court was given the PPH report an children remain in dcs physical custody and stipulations for reunification have been given without the parent being allowed to defend themselves.
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answered on Dec 5, 2023
In Arizona, due process and civil rights are crucial elements in child custody cases involving the Department of Child Safety (DCS). If children are removed from a parent's care and the parent is not given an opportunity to present their side of the story before the court makes decisions, this... View More
ORDER OF DISMISSAL
The Court previously notified the parties that this case would be dismissed on November 12, 2023 without further notice unless specific action was taken prior to said date. No such action having occurred,
IT IS ORDERED dismissing this matter in its entirety... View More
answered on Nov 30, 2023
Temporary orders are, as the name suggests, "temporary," i.e., they are only in effect until the Court issues a final ruling. A dismissal is a final ruling.
There is a way to preserve temporary orders even when a case is dismissed, but one of the parties would have to have... View More
answered on Nov 17, 2023
Someone can assist a minor with completing a Petition for Emancipation, but the minor must be the one signing the Petition in the presence of a Notary. If a minor is not capable of completing a Petition for Emancipation, I would have serious concerns about their capacity to be found entitled to... View More
I cannot afford to continue. How to cancel my attorney? End the divorce with out getting spousal support. Everything else is agreed upon.
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answered on Oct 23, 2023
If you're in an Arizona divorce case involving spousal support and want to stop the proceedings, start by discussing your intention with your attorney. Review your attorney-client agreement for guidance on the termination process, and follow the specified procedures. Ensure open communication... View More
I cannot afford to continue. How to cancel my attorney? End the divorce with out getting spousal support. Everything else is agreed upon.
answered on Oct 30, 2023
At anytime you may terminate the relationship with your attorney with or without cause. Accordingly, it is best to do so in writing. But prior to doing so, I would recommend having a transparent discussion with your attorney as it sounds like you and your spouse are close to full agreements. If... View More
Going through a divorce and in a custody battle with my husband. He is a functioning alcoholic and weedhead. In our Temporary Custody Hearing last Wednesday, the father was cross examined by his attorney and she asked if he smoked or drank and he said no. When court ended, I found a post on her... View More
answered on Oct 23, 2023
- MOTION TO REVIEW NEW EVIDENCE: The answer is probably no, but you can give it a try by filing a Motion for Reconsideration. You'll need to explain (1) why you don't produce this evidence at trial because the Court can't consider newly discovered evidence that could have been found... View More
We have been married for 10+ years. I experienced a significant amount of domestic abuse in the marriage and left the home 18 months ago. I left our 10 year old with his father as my husband ruined my credit and finances. My husband now makes twice as much as I do. He makes so much now that he has... View More
answered on Oct 23, 2023
You can file a motion for temporary spousal maintenance and ask to receive spousal maintenance while the case is pending. You can also for temporary custody (or, more specifically, temporary legal decision-making and parenting time) and an interim award of attorney's fees.
Domestic... View More
Everything else is settled except spousal support. We have been to court 2xs so judge can see how we’re progressing. Very expense!
answered on Oct 15, 2023
Typically the attorney for the party seeking spousal support will take the lead on questioning because that spouse has the burden of proof. They generally have to introduce sufficient evidence showing they are entitled to support, typically by proving they suffer from some type of disability or... View More
I was divorced in GA. I live in Alabama and my ex has a residence in Tuscan, AZ. He has been cheating me of the correct alimony for several years. I am limited financially and would like to know if I woiuld need a lawyer. If not, how should I proceed. I do not mind paying something. I am on SSI, so... View More
answered on Oct 12, 2023
You should retain a Georgia lawyer in or near the county where your divorce was granted to enforce the alimony provisions of the decree. That will be the lion's share of the legal work. If necessary, after that has been completed, you may have to retain an Arizona lawyer to register and... View More
answered on Oct 10, 2023
It's unusual, but it's possible. Animal cruelty is one of the listed crimes under the domestic violence statute. It may depend on whether his actions meet the standards of animal cruelty (see ARS 13-2910) and whether those actions are significant enough to impact what should happen with... View More
I filed my papers about a month ago, and I found out through word of mouth that the other party files her response. However I have not received anything from them, their attorney, or the court. Will the case move forward even if I haven't received anything? Is there any action I can take if... View More
answered on Oct 10, 2023
Yes, your case is moving forward even without them giving you a copy. You should reach out to the other party's attorney, inform them you didn't receive a copy, and make sure they have the right email address and mailing address for you. You also should double check the Court records to... View More
We had a hearing and despite my evidence that we are victims and father has a significant history of domestic violence and abuse, plus procedural errors like allowing another person to advise father (off camera) and speak during the hearing while on zoom, not allowing me time to present my case,... View More
answered on Oct 9, 2023
Sounds like your best option is probably to going to be filing a Motion for Reconsideration.
The standard for dismissing a judge for bias is so high that you are very unlikely succeed. I do not recommend going that route.
If you have evidence Father lied, present it and let it speak... View More
This case in which the original case was filed by the state of California
against the Respondent for child supoort.
The respondent wants to use the case as a custody case against the petioner.
I want to dismiss that case on the grounds that the original case was not for... View More
answered on Oct 9, 2023
Did California issue a child support order? If so, it must be registered here for the custody case, in which support must be determined. An Arizona court cannot modify the California support order unless it's properly registered and in front of the Arizona court. For that reason, I don't... View More
We live in AZ. He lies a lot. We have a mortgage together. What can I do legally to find out and if it is, get him out of home and away from kids?
answered on Oct 2, 2023
You probably need to get it tested. Then once you find out it is meth, you need to ask him to submit to a drug test. If it's positive, you could use that as a reason to get temporary emergency custody (i.e., legal decision-making and parenting time) over the children.
If you're... View More
I had residential custody and he had ldm and suddenly without consideration of his consider it d v past a judge grabted him custody of our minor even if he's probation for abuse of her and violating an oop, and with medical reports stating she is autistic and terrified of him and needed... View More
answered on Oct 2, 2023
You need to stop and consult with an attorney. I certainly understand why you did what you did, but I worry you could be making a bad situation worse.
The Order of Protection has not been served, so it is not in effect. That means you are technically violating the order when you do not... View More
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answered on Sep 28, 2023
To look up a court order number and understand its purpose, you typically need to contact the court clerk's office where the order was issued. They can provide you with the case information and details related to the order. You may need to provide relevant case information or parties involved... View More
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