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Arizona Divorce Questions & Answers
1 Answer | Asked in Bankruptcy, Divorce and Family Law for Arizona on
Q: During a divorce in az Are premarital assets considered community assets after a joint bankruptcy?

Married 12/26/17

Bankruptcy filed 12/03/18

Bankruptcy complete 3/19/19

Diane L. Drain
Diane L. Drain answered on Sep 21, 2019

You should talk to your bankruptcy attorney because the answer depends on certain facts.

1 Answer | Asked in Family Law and Divorce for Arizona on
Q: is it considered spousal abandonment when one spouse who is the caregiver to the other that is an ailing veteran without

Leaves without informing and intentionally not telling them they petitioned for divorce.

Mike Branum
Mike Branum answered on Sep 19, 2019

Likely not. You must be married to be guilty of spousal abandonment. The divorce would terminate the obligation to support the spouse. Additionally, the statute is focused on financially abandoning the spouse. In this instance it appears you are referring to the emotional support and assistance... Read more »

1 Answer | Asked in Criminal Law and Divorce for Arizona on
Q: So if I was convicted in 2007 on a paraphernalia charge ,was sentenced to 1 year probation ,successfully finished in

in 2008 have not been in any trouble until 12/18 where I was arrested and charged with a few felonies ,can the prosecutor charge me with a prior

Gary Kollin
Gary Kollin answered on Sep 11, 2019

charge you with a prior what?

1 Answer | Asked in Divorce for Arizona on
Q: wife left 2 months . we want to get divorced. we agree on everything. she moved to seattle. how does she file respone

how can she file living out of state

Rich J. Peters
Rich J. Peters answered on Jul 30, 2019

I expect it is going to have to be filed here. If you are proceeding by agreement, my firm offers a low flat fee to handle everything start to finish. We can file here even though she resides out of state. If everything is proceeding by agreement, she will never have to come into town.... Read more »

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Since I do not contest any of the orders in the petition, do I need to still file a response?

My husband had me served with a petition, but I do not contest any of the orders. We already have a final divorce decree being worked up.

Mike Branum
Mike Branum answered on Jul 23, 2019

If you are absolutely sure you agree with each and every order in the petition, the only downside to not filing a response would be a delay in being able to file your consent decree. Your husband can file for default if you do not respond within 60 days. 60 days after that the two of you can file... Read more »

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Arizona on
Q: If I leave the house with my kids will it cost me in the divorce?

Do I have to continue living in the house until the divorce is final? Will the Judge see it as abandoning?

Mike Branum
Mike Branum answered on Jun 21, 2019

In many cases it is actually advisable for one of the parties to leave the marital home during the divorce if the divorce is contentious. The children do not need to be exposed to the two of you fighting. The split is going to be hard enough on the children as it is; seeing their parents arguing... Read more »

1 Answer | Asked in Divorce, Estate Planning, Family Law and Arbitration / Mediation Law for Arizona on
Q: will I get 1/2 of the equity?

Hi,

I am filing for divorce, we bought a house together under his name only after we had a foreclosure under my name. We were married a year after. we both have always paid 1/2 of the bills and even the down payment for the house was 1/2. we refinance and added my name 3 years ago. I do... Read more »

Mike Branum
Mike Branum answered on Jun 20, 2019

In Arizona you are entitled to 50% of the community assets and responsible for 50% of the community debt unless you have evidence to clearly demonstrate why there should be an inequitable distribution.

1 Answer | Asked in Divorce for Arizona on
Q: My Husband stopped paying per our Separation Decree.

Per our Separation the court declared my Husband should pay $ 600/mo. He stopped paying 3 months ago, what are my options?

John R Gaertner Jr
John R Gaertner Jr answered on Jun 11, 2019

You can petition the Court for enforcement of the Separation Agreement and ask the Court to find and hold your ex-husband in Contempt. The Court can and will impose sanctions upon your ex if he is found to be in Contempt.

1 Answer | Asked in Divorce for Arizona on
Q: If your husband files for divorce in state of Arizona is no fault state can he still divorce me
Mike Branum
Mike Branum answered on Jun 9, 2019

You can request a conciliation meeting if you wish to try to save the marriage but, ultimately, you cannot stop the divorce if your husband is set on getting divorced.

1 Answer | Asked in Divorce for Arizona on
Q: Can the proceeds from the sale of a house be put in a escrow account until divorce is filed?

my wife and I are getting a divorce. we are currently living in the same house.

She had agreed that certain bills would be paid, then the remaining funds would be split 50/50.

I have been paying these (with a loan from my Dad) and some are outstanding.

She now reneged on... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on May 17, 2019

My suggestion would be to file for the Dissolution/Divorce now and address the community finds in the escrow account and the bills in your proceeding. The preliminary injunction would be in effect after service upon your wife and that controls what can and cannot be done with community property.... Read more »

1 Answer | Asked in Family Law, Child Custody and Divorce for Arizona on
Q: Last year my divorce/parenting plan was signed off in Georgia. I have since moved To Arizona following my court order

Last year my divorce/parenting plan was signed off in Georgia. I have since moved To Arizona following my court order and have been a resident of Arizona along with my children for just over 6 months. My children’s father still lives in Georgia. We are in a dispute as our parenting plan... Read more »

Mike Branum
Mike Branum answered on Apr 29, 2019

Since the original agreement was entered into in Georgia and the child's father remains in Georgia, the State of Georgia will retain jurisdiction over the dispute (see the UCCJEA for further information). Georgia MAY turn jurisdiction over to Arizona, but you would need a compelling reason and if... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for Arizona on
Q: I’m 15 and live in Arizona and my dad is a alcoholic and smokes out of wax pens and other things it’s hard for me please

I live in Arizona and I’m 15 am I able to make my decision with living with my mom

Mike Branum
Mike Branum answered on Apr 26, 2019

Your opinion and the behavior if the male on your birth certificate should both be taken into consideration. You will need to petition the court for a review of the cold custody order. There are a number of factors which will need to be considered in determining where the petition must be filed and... Read more »

2 Answers | Asked in Divorce, Family Law and Domestic Violence for Arizona on
Q: Thank you for the response. Is there an attorney I may speak to here in Tucson. I would not be able to travel to Phx.
Rich J. Peters
Rich J. Peters answered on Apr 22, 2019

My firm is only in Phoenix. Perhaps another Justia attorney (from Tucson) will reply.

We CAN conduct your free consultation by phone, and we do work in any Arizona county, including Pima County.

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1 Answer | Asked in Divorce for Arizona on
Q: There is a pattern of phys, verbally, and financial abuse. My husband says I'll be on the street if I leave him.

I cant support myself. I recently retired from my job. All monies in our 8 years has been mostly his income...his house. He says he owes me nothing. He was arrested 3 years for domestic abuse...charges were dropped because I did not testify. I've lost my family and friends because of him.

Rich J. Peters
Rich J. Peters answered on Apr 22, 2019

Please come in soon. We can certainly help you consider and then pursue your options for divorce or legal separation. This is obviously a very important matter, and you should not go in alone.

You may be entitled to an award of spousal maintenance. Spousal maintenance is based upon so...
Read more »

1 Answer | Asked in Divorce for Arizona on
Q: My wife filed an Order of Protection. How do I get the judge to quash it?
Rich J. Peters
Rich J. Peters answered on Mar 18, 2019

You need to file a "Request for Hearing". You can do so at the same Courthouse that issued the Order.

We can help. Please come in soon. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in...
Read more »

1 Answer | Asked in Divorce for Arizona on
Q: My husband has been having an affair for the past 6 months. I want to file for divorce what do I do?

Is Arizona still a no fault state? I want to know what would be in my favor financially to make sure my kids and I will be ok?

Rich J. Peters
Rich J. Peters answered on Mar 12, 2019

Please come in soon. We can certainly help you consider and then pursue your options for divorce. This is obviously a very important matter, and you should not go in alone. We can then discuss how child support is calculated in Arizona, whether you may be entitled to spousal maintenance (alimony),... Read more »

2 Answers | Asked in Divorce for Arizona on
Q: Hello

I have a question about changing judges for an upcoming court hearing on February 25th?

Rich J. Peters
Rich J. Peters answered on Feb 15, 2019

Under Arizona law, you are freely permitted to change attorneys anytime you so desire and for any reason whatsoever. It does happen quite often.

If you choose a new attorney, that attorney need simply needs to file a notice of substitution which alerts the court and the opposing party that...
Read more »

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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: I want a divorce. I don’t want my spouse draining our savings if I don’t file before telling him. Can he do that?

I’m afraid if I tell him before I file he will spend our savings account. I know filing freezes assets. But I also need to tell him soon, perhaps before I’m able to file. I just need to know if he starts spending from our savings account recklessly if he will be required to still pay half the... Read more »

Rich J. Peters
Rich J. Peters answered on Jan 24, 2019

Technically, any charges/debts incurred PRIOR to service of the Petition for Dissolution ARE community debts. Technically, he is permitted to spend community funds any time he wants to PRIOR to being served. But, when you add the word "recklessly", I would say that we could pursue our half of any... Read more »

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Can an ex-spouse petition the court to modify a divorce dissolution where there are no installment payments?

My dad was convicted and sentenced to 80+ years in 2016, his divorce from second wife was final in 2012. She is petitioning the court to remove the clause in their divorce that states my father was entitled to 50% of her retirement that accumulated over their 7 year marriage. She was instructed by... Read more »

Rich J. Peters
Rich J. Peters answered on Jan 21, 2019

I would need to now so much more. TYPICALLY, it is very difficult to modify the terms of a Divorce Decree which divides property. What is she claiming is the basis to modify? Did your Father owe her other monies that she is claiming were unpaid?

Also, when was the estate served with her...
Read more »

1 Answer | Asked in Child Custody and Divorce for Arizona on
Q: In a 50/50 custody situation, do judges take into consideration jobs of a parent where work travel is unpredictable?

I travel 8 days per month, but they are always a different 8 days. I don't want to lose any of my 15 days with my kids. Will a judge allow us to develop a schedule on a month to month basis that accommodates this as long as it is perceived as fair to the other parent? I'm not a pilot, but what... Read more »

Donald Arthur Hilland
Donald Arthur Hilland answered on Dec 21, 2018

Although family law courtrooms are very crowded, especially this time of year, Judges for the most part do strive to create workable schedules for working people with minor children. You're right that you need to keep working and supporting your children and you should not miss out because of your... Read more »

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