You would need to file a "Rule 85 Motion", claiming that you have new evidence that you JUST became aware of, and you will need to have very good reasns for coming back this late. Your Motion will need to explain the factual and legal basis, and will need to include affidavits or... View More

Yes you can change your account and essentially block her from access. However, you will still have to account for the community funds you have kept from her (you are still married to her). Your best option is to pursue a divorce or legal separation and end the community and move on with your life.... View More

Your bank should absolutely allow you to close that account. PLease remember if the funds that are saved therein are "community property" which means they were acquired during the marriage, then wherever those funds are transferred to, she still is entitled to one half of the amount once... View More

You would need to file a Petition to Modify Parenting Time and Child Support. The court may modify parenting time rights whenever modification would serve the best interest of the child, This is just a very general description, and there is so much more to discuss, including timing issues as to... View More

I think you are referring to packets from the self service center. If so, you simply need the divorce without children packet. https://superiorcourt.maricopa.gov/llrc/fc_group_3/. Please know that these packets are rather generic and are not going to address every situation that needs to be... View More

Pursuant to Arizona law, your Judge will be required, consistent with the child's best interests, to adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time. So, Arizona law basically starts... View More

Please understand that bankruptcy is a very complicated process. You must educate yourself about bankruptcy before jumping into the unknown. As part of your education, watch the Bankruptcy Court videos (link below), which explain the bankruptcy players and how bankruptcy works. Important: Do not... View More

If you have not yet filed the petition, then I do believe that what must be listed in the petition is community property that exists at the time the petition is prepared. He of corse may want to respond with a claim that it was improper for you to sell his boat without his permission.

A... View More

You can ask the court for permission to serve him via alternative means, which Clint can include serving him by publication in local newspapers. I would need to know more to give you more specific advice. As determination, if he has not seen the children or provided any support for more than six... View More

Do your orders include a Legal Decision-Making designation? Do you have Joint Legal Decision-Making OR does one parent have Sole Legal Decision-Making. If one parent has Sole Legal Decision-Making, then that parent does have the right to make this decision unless the other parent takes the matter... View More

One option Is to file for divorce. You could make a claim within the divorce for spousal maintenance. You can even then file a petition for temporary orders regarding spousal maintenance which is the quickest way you can see your judge and the quickest way to get some money flowing.

In... View More

If you and your partner decide to separate, and assuming you cannot agree concerning your jointly owned home, a partition action can be filed with the superior court to force the sale of the home. The court will appoint a real estate agent to sell the home and then will decide how the net sales... View More

That seems like an acceptable move.

Moves like yours happen all the time, and the vast majority do not result in any court action at all. It is common for parenting to continue to share equal parenting time at that distance. So most likely, it should be fine.

That said, nothing in... View More

You have described several reasons that you may be entitled to a child support modification, which are not related to his one time bonus.

Under Arizona law, seasonal or fluctuating income within a year are annualized to determine the average monthly Child Support Income. If this is truly... View More

One of the requirements for filing in Arizona is that at least one of the spouses must be domiciled in Arizona for 90 days. That means you must have lived here for the 90 days prior to filing for divorce with the intent to remain here. You indicate, "We wish to file for divorce soon after... View More

If you believe your daughter may be harmed if Father exercises parenting time, then YES, you need to seek temporary and/or emergency orders. Such is the quickest manner of getting to see your Judge. OR, perhaps a strongly worded letter from an experienced attorney would convince Father to make... View More

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

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... View More

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

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