Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Arizona Family Law Questions & Answers
3 Answers | Asked in Child Support, Internet Law and Family Law for Arizona on
Q: Options if someone lied on Child Support AFI in Arizona.

I discovered that someone lied on their Child Support AFI submitted to the courts a year ago, and I found this information online. I believe correcting this could significantly reduce my child support obligations. There has been no contact or deadlines mentioned regarding this issue. What options... View More

Rich J. Peters
Rich J. Peters
answered on Jun 4, 2025

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

View More Answers

3 Answers | Asked in Divorce, Contracts, Business Law and Family Law for Arizona on
Q: Separated wife accessing my bank account and giving money to her boyfriend. How can I legally block her access?

I am currently separated from my wife, who left me for another man. Despite the separation, she still has access to my personal bank account and uses my money, even giving some of it to her boyfriend. We do not have any formal agreement regarding financial support, and there are no children... View More

John R Gaertner Jr
John R Gaertner Jr
answered on May 27, 2025

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

View More Answers

3 Answers | Asked in Divorce, Contracts, Business Law and Family Law for Arizona on
Q: Separated wife accessing my bank account and giving money to her boyfriend. How can I legally block her access?

I am currently separated from my wife, who left me for another man. Despite the separation, she still has access to my personal bank account and uses my money, even giving some of it to her boyfriend. We do not have any formal agreement regarding financial support, and there are no children... View More

Rich J. Peters
Rich J. Peters
answered on May 27, 2025

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

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: How can I revoke visitation rights and seek increased child support in Arizona?

I am the primary custodial parent and currently have a custody arrangement where the father has alternating weekends during the school year and alternating weeks during the summer. I am experiencing challenges because the visitation environment has become toxic and negative for the child.... View More

Rich J. Peters
Rich J. Peters
answered on May 13, 2025

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

View More Answers

2 Answers | Asked in Criminal Law, Divorce, Identity Theft, Contracts, Real Estate Law and Family Law for Arizona on
Q: Need help with divorce packet in AZ amid privacy invasion and identity theft by spouse.

I've been experiencing ongoing issues related to privacy invasion, identity theft, and forgery by my soon-to-be ex-spouse in Arizona. We were married in Kentucky in 2016 and relocated to Arizona in 2018. Police reports have been filed in February 2025, but no action has been taken yet.... View More

Rich J. Peters
Rich J. Peters
answered on May 13, 2025

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

View More Answers

2 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Arizona on
Q: Do I have to return my son or can I keep him due to concerns about my ex's living situation amidst our divorce without a custody agreement?

I am in the process of getting a divorce and recently obtained temporary custody of my son for a 24-hour period, as per an agreement with my ex. However, I have been served with a protective order that prohibits direct contact, allowing communication only through lawyers or by mail. I have concerns... View More

Rich J. Peters
Rich J. Peters
answered on May 12, 2025

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

View More Answers

3 Answers | Asked in Bankruptcy, Divorce and Family Law for Arizona on
Q: How do I file for Chapter 7 bankruptcy post-divorce?

I am considering filing for Chapter 7 bankruptcy due to financial difficulties following a divorce. I have not yet spoken to a bankruptcy attorney and would like guidance on how to start the process. What steps should I take?

Diane L. Drain
Diane L. Drain
answered on May 6, 2025

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

View More Answers

2 Answers | Asked in Admiralty / Maritime, Divorce and Family Law for Arizona on
Q: Should a sold boat be listed in a dissolution petition as community or separate property?

If I sold a boat that may be considered my husband's separate property while residing at our marital home with court permission, despite him being granted exclusive use of the home—which was also his separate property—should I list the sold boat in the dissolution petition? My husband was... View More

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

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

View More Answers

2 Answers | Asked in Divorce, Domestic Violence and Family Law for Arizona on
Q: How to finalize a divorce with an absent, uncontactable spouse in Arizona?

I'm seeking guidance on finalizing a divorce from my children's father, whom we haven't seen or spoken to since October 2019. Despite filing for divorce in July 2020, the case was dismissed due to lack of service, largely because of the pandemic. He has been involved in domestic... View More

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

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

View More Answers

2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Can one parent force public schooling if no agreement on education in custody order?

If two divorced parents have a custody arrangement where I have physical custody of our child from Monday through Friday, while the other parent has custody every other weekend, and I decide to homeschool our child, can the other parent legally force the child to stay in public school? Our custody... View More

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

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

View More Answers

2 Answers | Asked in Family Law, Child Support and Civil Litigation for Arizona on
Q: My spouse left AZ, withholding support; what legal actions can I take?

I have been a stay-at-home mom for 2 years after getting married. My spouse has been the sole provider, but he left Arizona last year and refused to send any money to support me and my children. He returned in February but continues to withhold finances, leaving us destitute even though he has the... View More

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

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

View More Answers

2 Answers | Asked in Real Estate Law and Family Law for Arizona on
Q: How is jointly owned property split for unmarried couples in Arizona?

I purchased a property and home in December 2022 with my partner, and it's in both of our names. We are an unmarried couple living in Arizona, and we don't have any written agreement regarding the property. If we decide to separate, how is jointly owned property typically split under Arizona law?

Peter H. Westby
Peter H. Westby
answered on Apr 18, 2025

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

View More Answers

2 Answers | Asked in Family Law for Arizona on
Q: Seeking Advice on Moving and Parenting Time in Arizona

advice about a move to a new home, 14 miles away from current home, ensuring compliance with Arizona law while keeping my co-parent’s parenting time unaffected. Details: New home to the other parent’s home: 20-21 miles.New home to our child’s school: 16 miles, child will not change school.... View More

Stephen M Vincent
Stephen M Vincent
answered on Apr 7, 2025

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

View More Answers

2 Answers | Asked in Child Support and Family Law for Arizona on
Q: Can child support payments be increased due to a one-time bonus in Arizona?

I am the custodial parent seeking a court-ordered modification to increase child support payments. The non-custodial parent received a significant one-time bonus from a lucrative construction development project about eight months ago. Our existing child support agreement was established through a... View More

Rich J. Peters
Rich J. Peters
answered on Mar 24, 2025

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

View More Answers

2 Answers | Asked in Arbitration / Mediation Law, Divorce, Family Law and Child Custody for Arizona on
Q: Considering an amicable divorce with children, moving from AZ to UT. Where to file: AZ or wait for UT residency?

My wife and I are considering a mediated, amicable divorce, but we will be moving from Arizona to Utah this summer, possibly in August. We have been Arizona residents since 2023 and have two children, ages 9 and 5, with plans for 50/50 custody. We are deciding whether to file for divorce in Arizona... View More

Stephen M Vincent
Stephen M Vincent
answered on Mar 17, 2025

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

View More Answers

1 Answer | Asked in Divorce, Child Custody and Family Law for Arizona on
Q: Divorce, child custody issue due to husband's instability and drug use.

My husband and I are in the middle of a divorce, and he is demanding visitation with our daughter. He is unstable and a drug addict, with a history of documented incidents involving his substance abuse. We do not have a formal custody agreement in place, and I have been our daughter's primary... View More

Rich J. Peters
Rich J. Peters
answered on Feb 26, 2025

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

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...
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

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.