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Arizona Questions & Answers
1 Answer | Asked in Animal / Dog Law and Civil Litigation for Arizona on
Q: Dog jumped on friend, causing bleeding; court case filed.

I was not home when an incident occurred involving my emotional support dog and my granddaughter's friend. My granddaughter opened the door while the dog was inside the house, and upon opening it, the dog jumped on the little girl, resulting in her mouth bleeding. It's unclear if it was a... View More

Peter H. Westby
Peter H. Westby
answered on Feb 14, 2025

This sounds like a nuisance lawsuit. I recommend reporting this claim to your homeowners insurance carrier. They will hire a lawyer for you to defend. Your lawyer will be an experienced insurance defense lawyer and will get all medical and other records to properly evaluate this claim.... View More

1 Answer | Asked in Estate Planning for Arizona on
Q: in the state of Arizona can a conservatorship be set up as temporary rather than permanent when a minor is 16 1/2 years

And receiving a one time insurance settlement? It seems illogical to set up a permanent conservatorship for 18 months worth of time.

David Gerszewski
David Gerszewski
answered on Feb 7, 2025

Generally speaking, in Arizona, a temporary conservatorship or a trust can be set up instead of a permanent conservatorship for a minor receiving a one-time insurance settlement. Since the minor is 16 ½, a permanent conservatorship for just 18 months may be unnecessary.

Alternative...
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2 Answers | Asked in Immigration Law and Civil Rights for Arizona on
Q: I'm living in Arizona, am naturally born in the USA and a veteran. My boyfriend is here on a visit visa

We planned on getting married in Mexico and in the USA. With president Trump in office how difficult could this be? We're now thinking about marrying in the USA first being afraid that President Trump may start pulling Visa's and enforcing more deportations. Thank you

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 7, 2025

A United States citizen can marry her boyfriend and apply for her boyfriend’s green card as long as the boyfriend entered with permission. This is true even if the boyfriend is an overstay. Immediate relatives are given the largest immigration privileges under US immigration law. I seriously... View More

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1 Answer | Asked in Car Accidents for Arizona on
Q: I was in a car accident and didn’t sustain any injuries. If my car is totally, how long would it take to get it settled
Tim Akpinar
Tim Akpinar
answered on Feb 3, 2025

An Arizona attorney could advise best, but your question remains open for a week. It could depend on several factors. If you handle it as a first-party claim through your carrier, things could move quickly. There would likely be deductibles involved. If you handled it through the carrier of the... View More

2 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: I see Loom & Love is registered as a trademark. I started a small clothing llc with the same name, should i be worried?

i have started Loom & Love a small indian clothing and resell insta account and registered llc for it. Should i be worried about the trademark ?

Felicia Altman
Felicia Altman
answered on Feb 2, 2025

When registering a trademark it is best practice to work with a trademark attorney to conduct a search and guide you through the trademark registration process. At first glance there are many dead registered marks for the words "Loom &Love." However, you must also search other common... View More

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2 Answers | Asked in Bankruptcy for Arizona on
Q: Converted from 13 to 7 with same attorney. Had an exempt PI case happen and had her hold it in her trust.

Converted from 13 to 7 with same attorney. I paid her for the 13 and she was paid through the 13 payments until conversion. Paid her 3k for the 7. She said I owe her a large figure for the 13 but has never invoiced me after I’ve repeatedly asked her for a bill to be sent to me and to submit it as... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2025

It's hard to tell from the info you provided, but you are on the right track to demand an accounting of the settlement funds in her trust account, as well as an invoice for the services she is billing you for. Do you have a written retainer agreement with her? That should also help determine... View More

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1 Answer | Asked in Workers' Compensation for Arizona on
Q: My TTD AMW has been 5138 at 66.6% set by ICA of AZ. how much should my biweekly check be.
Joel Friedman
Joel Friedman
answered on Jan 28, 2025

$1,576.54, within some pennies of that. The daily rate is your average monthly wage multiplied by .021918, which produces a daily benefit amount of approximately $112.61, and your biweekly check is for 14 days. There is also a sort of bonus payment if you identified dependents on your report of... View More

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: When a person is sued can they have every last penny they have be taken from them ?
Peter H. Westby
Peter H. Westby
answered on Jan 28, 2025

No. Some assets are exempt in Arizona such as house equity up to $400,000.00, IRAs, 401Ks, 90% of wages, social security, unemployment benefits, welfare and other assets. Most exemptions are set forth in Arizona statutes ARS 33-1101 to ARS 33-1153.

1 Answer | Asked in Divorce for Arizona on
Q: What can I get from an emotionally abusive husband that almost lead me to suicide?

I want to divorce my husband and get paid back some of my investment in his house. I fixed the backyard and spent an entire year making it pretty. I want all my furniture and the car he game me. He was very manipulative and controlling, has so much pride, he wouldn't ever accept to be asked to... View More

Rich J. Peters
Rich J. Peters
answered on Jan 28, 2025

His emotional abuse will not affect how property and debt are divided. Under Arizona law, property and debts acquired during a marriage are divided without respect to marital misconduct, such as abuse.

Any improvements made to the home during the marriage, like renovations or upgrades,...
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1 Answer | Asked in Probate for Arizona on
Q: Has it been too long?

My grandmother passed away in 2004 and my sister was the executor of her estate. The trust stated that my mother, my sister, and myself would split everything 3 ways. My sister refused to show us documentation of what the actual amount of the inheritance was, but after my mother passed away in... View More

Peter H. Westby
Peter H. Westby
answered on Jan 28, 2025

I need to know more of the facts before I can advise you. There are two issues here, not just one.

The first issue deals with this question: after 20 years, can you still take legal action? This is a statute of limitations issue. Under certain circumstances, the statute does not start...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: I don't think I owe my soon to be ex anything

I was a SAHM the majority of our marriage due to two of our children being special needs. There was DV in the marriage. My parents owned a house in AZ and offered for me and my kids to move in in 2015 to get a fresh start. In 2017 I obtained a good steady job. In 2018, their father stopped all... View More

Rich J. Peters
Rich J. Peters
answered on Jan 21, 2025

Because you made payments during the marriage those are technically considered community payments. Thus, since the house was gifted only to you during the marriage , you then were making community payments towards a piece of separate property. Husband can claim reimbursement for "community... View More

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: In a RMC hearing, can the judge make a final ruling then?or will ur be set for trial
Rich J. Peters
Rich J. Peters
answered on Jan 21, 2025

The Court will only enter orders if agreed upon. Otherwise, the Court will try to see what is necessary to move the matter along, and may ask you about mediation and discovery. If the matter is ready for Trial, the Court may schedule deadlines and Trial.

Once the Court swears you in, if...
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1 Answer | Asked in Car Accidents and Traffic Tickets for Arizona on
Q: I was rearended by a car who was rearended by another car. I and driver behind were stopped in traffic

Driver behind me didn't allow assured clear distance. Are they at fault, or only the car who hit them responsible?

Tim Akpinar
Tim Akpinar
answered on Jan 17, 2025

An Arizona attorney could advise best, but your question remains open for two weeks. In most situations, only the vehicle in the rear that struck the vehicle behind you would be liable, unless the other vehicle was right up your tailpipe. The rearmost vehicle was the proximate cause of the... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: Am I liable to pay repo vehicle cost after divorce when the ex wife was supposed to take me off the title?

Ex wife never got me removed off title of her vehicle after being divorced for 3 1/2 yos. She got the vehicle repoed in October 2024 due to no payment and a second vehicle repoed in December of 2024. She has not made any attempts to make payments and now has asked me for 2 separate down payment... View More

Rich J. Peters
Rich J. Peters
answered on Jan 17, 2025

If wife was ordered to take care of the debt related to the vehicle, then that remains true even now, but unfortunately is only binding upon the two of you. It is not binding upon the creditor who can pursue either of you if you were both on the loan. One option that you have is to file a petition... View More

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Ima planning to be a father and this girl wants to have no contact with the baby or custody what papers or do I need to

I'm gonna be a single father and I need papers to ensure she can't just take the baby back or change her mind and she's not pregnant yet

Rich J. Peters
Rich J. Peters
answered on Jan 8, 2025

She can sign a "Consent to Adoption" or "Consent to Termination of Parental Rights". A consent to adopt is irrevocable unless obtained by fraud, duress or undue influence. The consent must be in writing, must be witnessed by two or more credible witnesses OR shall be signed... View More

1 Answer | Asked in Family Law for Arizona on
Q: I need help getting emancipated. 17+1 month, pregnant and was adopted at 9-10 by abusive nana. Baby father is in picture

I live with my nana and I was adopted at 9-10. Since then I was verbally and physically abused. At now 17 yo and 1 month, I am pregnant and looking to move out. I’m 5 months away from graduating and looking for a job. My baby father/boyfriend has a stable well paying job and is looking for an... View More

Rich J. Peters
Rich J. Peters
answered on Jan 6, 2025

Do you work? You have to prove that you can support yourself. I have a brochure I could send you prepared by the Arizona Supreme Court that describes how that works.

In your Petition, ypu must allege, and then be able to prove, that:

- You are or can be self-sufficient...
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2 Answers | Asked in Child Support, Divorce and Family Law for Arizona on
Q: Does substantial income difference between the two parties mean spousal maintenance is required?

I make 60k/yr, spouse makes 100k/yr. We are divorcing with minor children, filing for 50/50 custody and 50/50 property & debt.

He claims that our income difference is figured into the child support and that spousal maintenance only applies if one person cannot financially afford to live... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 3, 2025

You asked what the "actual grounds" are for spousal maintenance. Arizona's spousal maintenance law is very complex. But here is probably the simplest way to explain it:

First Step: Determine Eligibility

You have to qualify under one of the grounds listed under ARS...
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2 Answers | Asked in Child Support, Divorce and Family Law for Arizona on
Q: Does substantial income difference between the two parties mean spousal maintenance is required?

I make 60k/yr, spouse makes 100k/yr. We are divorcing with minor children, filing for 50/50 custody and 50/50 property & debt.

He claims that our income difference is figured into the child support and that spousal maintenance only applies if one person cannot financially afford to live... View More

Rich J. Peters
Rich J. Peters
answered on Jan 6, 2025

You absolutely have the right to request spousl maintenance. Spousal maintenance is based upon so much more than just your income. If you review through our statute (google "ARS 25-319"), you can see the other topics.

Arizona also has recently adopted spousal maintenance...
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1 Answer | Asked in Workers' Compensation for Arizona on
Q: Award amount for 3 level neck fusion.
Joel Friedman
Joel Friedman
answered on Dec 21, 2024

I'm going to answer the question based on you having injured your neck in a work accident. Workers compensation benefits are not like personal injury payments and the first part of the process is to understand what the doctors have said you can and cannot do in a job, and then figure out if... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: If I’m a non violent, first time felon for drug transportation in Az. Do I need to restore my rights or not?

Sentenced 2017 December 6th to a felony for conspiracy to transport drugs. Non-dangerous, non-repetitive, non-violent offense. I was released on 11/04/2020 and finished Parol in 10/04/2021. I heard that since It was my only offense Ever and it was non dangerous, non violent, non repetitive that I... View More

Zalman  Sapad
Zalman Sapad
answered on Dec 16, 2024

If the charge was out of Arizona, you are correct, and have your automatic restoration of rights under ARS 13-907. You have to make sure the following requirements were met:

1. Non-dangerous offense, defined in ARS 13-704

2. Non-serious offense, defined in ARS 13-706

3. 1st...
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