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Arizona Divorce Questions & Answers
1 Answer | Asked in Contracts, Criminal Law, Divorce and Personal Injury for Arizona on
Q: I need a lawyer to write up a demand letter.

I'd rather explain in person if I could bc it'd be a lot easier. Bc there is a lot involved and not sure what direction to go with this issue. Civil Rights, Domestic Violence, interference with business relationships, Cyber stalking, Hacking, spying, tampering with personal properties,slander

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2024

An Arizona attorney could advise best, but your question remains open for three weeks. It could be difficult for attorneys here to offer their services or a consult, as you mention your preference to explain in person. You'd need to reach out to attorneys. In addition to your own independent... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Divorce and Tax Law for Arizona on
Q: need pro bono lawyer to help me clear a dv warrant against me & to press idv charges against my abuser, Can you help?

I was determined to be the instigator. He got superficial scratches. I flew backwards through the air and broke my foot in 6 places in an attempt not to break my neck, head or worse. The whole situation started because he was driving drunk and I tried to take the keys of our car away from him. I... View More

James L. Arrasmith
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answered on Jan 22, 2024

To find a pro bono lawyer who can assist with your situation, you can start by contacting legal aid organizations in Arizona. These organizations often provide free legal services to those who qualify based on their income and the nature of their legal issues. They may be able to help you address... View More

3 Answers | Asked in Bankruptcy, Divorce and Family Law for Arizona on
Q: Is 401K money protected in a chapter 7 bankruptcy from creditors. I am owed 401K money from my ex, and haven't received

I was told to contact bankruptcy lawyer. It was ordered in separation agreement and divorce, but he has not done the QDRO for me to receive my portion. Can I begin QDRO while the bankruptcy is in process? Will I lose the money? Thank you.

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023

Once you receive the money, so long as you leave the money in the 401(k) (or rollover IRA) and don't withdraw it, the funds will be exempt (protected). You should consult a local attorney (preferably one with both bankruptcy and Arizona family law experience) about the timing and procedure for... View More

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3 Answers | Asked in Bankruptcy, Divorce and Family Law for Arizona on
Q: Is 401K money protected in a chapter 7 bankruptcy from creditors. I am owed 401K money from my ex, and haven't received

I was told to contact bankruptcy lawyer. It was ordered in separation agreement and divorce, but he has not done the QDRO for me to receive my portion. Can I begin QDRO while the bankruptcy is in process? Will I lose the money? Thank you.

Diane L. Drain
Diane L. Drain
answered on Dec 29, 2023

When a bankruptcy is filed, it should be planned ahead. The goal is to make the debtor and their transactions as boring as possible. You can do this with an experienced bankruptcy attorney who cares about their clients.

As to your questions, first you have to determine which exemptions you...
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3 Answers | Asked in Bankruptcy, Divorce and Family Law for Arizona on
Q: Is 401K money protected in a chapter 7 bankruptcy from creditors. I am owed 401K money from my ex, and haven't received

I was told to contact bankruptcy lawyer. It was ordered in separation agreement and divorce, but he has not done the QDRO for me to receive my portion. Can I begin QDRO while the bankruptcy is in process? Will I lose the money? Thank you.

James L. Arrasmith
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answered on Dec 31, 2023

In Arizona, 401(k) funds are generally protected from creditors in a Chapter 7 bankruptcy. This means that these retirement assets are typically exempt and cannot be used to pay off bankruptcy debts. However, your situation involves a divorce decree and a Qualified Domestic Relations Order (QDRO),... View More

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1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: Can I use current temporary orders in place of original petition in a divorce default hearing?

Husband was ordered to complete a drug program, drug testing, and psych evaluation that was not completed.

T. Augustus Claus
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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

1 Answer | Asked in Family Law and Divorce for Arizona on
Q: I started an LLC during the marriage with husband's consent. It was only a few months old when divorce papers served.

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

Kristina Cervone
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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

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: I went through a divorce recently and the decree states for her to pay out a certain $$. Also it states to refinance.

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!

Kristina Cervone
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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

2 Answers | Asked in Divorce and Family Law for Arizona on
Q: In divorce in Arizona, asking for spousal support, no agreement has been reached. Two court dates nothing reached.

I cannot afford to continue. How to cancel my attorney? End the divorce with out getting spousal support. Everything else is agreed upon.

T. Augustus Claus
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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

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2 Answers | Asked in Divorce and Family Law for Arizona on
Q: In divorce in Arizona, asking for spousal support, no agreement has been reached. Two court dates nothing reached.

I cannot afford to continue. How to cancel my attorney? End the divorce with out getting spousal support. Everything else is agreed upon.

Jonathan Roeder
Jonathan Roeder
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

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: How can I obtain a new hearing due to a variety of circumstances?

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

Stephen M Vincent
Stephen M Vincent
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

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: How do I secure spousal support in my divorce?

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

Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Which attorney takes the lead in divorce settlement requesting spousal support? Petitioner or Respondents?

Everything else is settled except spousal support. We have been to court 2xs so judge can see how we’re progressing. Very expense!

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Do I need a lawyer to make my ex refund alimony he has been cheating me of? Or can it be filed as contempt of court?

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

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Am I entitled to half my doin to b ex wife settlement from accident that

She was with me thru all of it

T. Augustus Claus
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answered on Sep 19, 2023

In Arizona, assets and debts accumulated during a marriage are typically considered community property and are generally divided equally in a divorce. However, when it comes to personal injury settlements, the division can become more nuanced. While compensation specifically for an... View More

1 Answer | Asked in Divorce, Animal / Dog Law and Family Law for Arizona on
Q: Wife, soon ex, won't release Service Dog to me.

Beginning divorce where I was effectively locked out of house while out. While getting necessities I was refused my Service Dog, when I asked Police assistance, wife claimed he was working for everyone in house. Even though 1 dog working for multiple people is not how it's done, police see it... View More

John Michael Frick
John Michael Frick
answered on Aug 11, 2023

In your divorce proceeding, have your lawyer request exclusive temporary use and possession of your service animal. Be prepared to show the specific specialized training your service animal received for your particular disability, and correspondingly that your spouse does not share that disability... View More

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Arizona on
Q: How can i request to remove legal decision making rights from DV father abuser granted by judge this past March 2023?

For some ODD reason, during a hearing in family court, the judge believed father and though i retain custodial/residential custody of our 9yr old daughter— my joint legal decision making rights were handed over to father (full legal decision-making) and reason was Judge believed i weaponized OOP... View More

Stephen M Vincent
Stephen M Vincent
answered on Jul 19, 2023

I certainly understand how difficult it can be when a judge makes a ruling that is not at all in your child's best interests. I certainly do not believe that you should have lose legal decision-making.

Unfortunately, there is not much you can do right now.

If the order came...
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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Arizona on
Q: How do I present new evidence in a mediation case?

Meditation hearing is coming up in August and I want to change to asking for full custody since my child expressed to me that there has been physical abuse towards them by the other parent. The other parent has already been physical towards me which documented by police response. I have called DCS... View More

Randi Sirlin
Randi Sirlin
answered on Jul 18, 2023

If you are doing mediation, you can first alert the other side that you are changing your position and if it is a problem, you can file a Motion to Amend either your answer or your response. You should also seek out an experienced family law attorney, as you will be expected to know all of the... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Arizona on
Q: How do I present new evidence in a mediation case?

Meditation hearing is coming up in August and I want to change to asking for full custody since my child expressed to me that there has been physical abuse towards them by the other parent. The other parent has already been physical towards me which documented by police response. I have called DCS... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 18, 2023

Note that I practice law in OHIO and do NOT practice in Az. I am an officer on the Ohio State Bar Association's Dispute Resolution Committee and have over 50 hours of mediation training from the Ohio Supreme Court's Judicial College.

Mediation is not a forum for presenting...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: Can my daughter request child support from ex to help obtain a two bedroom and provide the same lifestyle as ex husband?

My daughter moved out of her marital home 1 yr ago due to domestic violence. She left their 9 yr old son w/the husband because she couldn't afford a 2 bedroom apt. She found the most affordable 1 apt . She didn't have a car but finally bought 1 with a really high mo payment. Now 1 yr... View More

Stephen M Vincent
Stephen M Vincent
answered on Jun 30, 2023

Yes, your daughter can request child support.

But let's be clear on what child support is. First, it's not meant to equalize the living situation between the parents. Second, it's done on a formula. The fact he has a two-bedroom and bought a Camaro are not relevant to how...
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