Arizona Recent Legal Answers from Lawyers

Contested guardianships can be complicated matters.  Typically, witnesses must be present at the court hearing so that the other parties to the case can cross examine those persons.  There are rules that need to be followed to prepare for the hearing, present documents, and present witnesses.  Some of these rules might have been put in one of the court orders that was sent out in your case.   You would benefit from an initial consult with an attorney who handles contested guardianships.  If you come prepared with the documents you want to use, a list of witness you want to call at court, and an outline of the information you want to give to the Judge, that attorney could give you a more detailed review and instructions on what you have to do to be ready for your case.  This could be done on a consult basis, which may be more affordable than full representation.   Marie Zawtocki, Zawtocki Law Offices PLLC    ... Read More

You have an interstate case involving Illinois and Arizona.  This is called a UCCJEA matter. But, both courts should give priority to the fact that the children have been residing in Illinois and one is attending school there.  The Courts would need a significant reason to allow an interruption with schooling and a move at this time.   Possibly, you need to file for an emergency temporary order based on a special appearance due to lack of jurisdiction in Arizona and UCCJEA conference so the two judges can discuss this matter.  These are more complicated matters than just getting a divorce.  Your filing in Arizona must make clear that you are doing it as a special appearance to address which state should have jurisdiction.  Unfortunately, you may need an attorney in both Arizona and Illinois to help until, at the very least the two states decide which state will have the case. If you have not already done so, you should consult with a family law attorney in each state and show the attorney the filings and orders with each state.  This response is based on the brief information you provided.  It is not a substitute for the value of consulting directly with an attorney.   Marie Zawtocki, Zawtocki Law Offices, PLLC    ... Read More

Termination of a conservatorship can take about 4-8 weeks, depending on the court schedule.  Your daughter needs to sign the paper work and attend the hearing.  The paperwork needs to be filed in the court that issued the orders for a conservatorship.  In Maricopa County, that will be the Maricopa County Superior Court.   You can assist your daughter with the paperwork, but she should be involved to every extent, she has to sign the paperwork, and she has to speak for herself at the court hearing, unless she has an attorney. We can assist with preparation of the initial paperwork at an initial consult in our office.  We can help your daughter determine if she wants to take care of the matter herself, with your help, or if she wants an attorney present.   Marie Zawtocki, Zawtocki Law Offices, PLLC      ... Read More

First, if property was purchased during the marriage, it is likely community property even if it is titled in just one party's name.   Second, bankruptcy law looks at transfers or sales of property prior to a bankruptcy filing and during the process. As to the family court, it is also appropriate to look at transfers or sales of property, including the year leading up to the divorce filing.   Divorce law specifically prohibits transfering property to a third party's name to avoid distributing it in the divorce.  You do need to provide an accounting of where the asset is now and what you did with the proceeds.  You may owe the community a reimbursement, even if the asset and the proceeds are gone.   The consequences of your actions will depend on the facts of your case.  Did you get fair market value?  Did you use the funds for community purposes? Can you prove that any of these items were your sole and separate property? Was your spouse taking similar actions? At a consult, a more detailed review and assessment can be made.  It will help if you have a copy of the documents for these items and what was done with the proceeds.  Call if you would like a consult.  Marie Zawtocki, Zawtocki Law Offices, PLLC    ... Read More

In most courts, corporations cannot represent themselves, but must be represented by an attorney.  However, in some small claims courts this rule may be relaxed.  If this case is pending in a small claims court, you may want to check with the clerk of the court to see if a corporation can represent itself in that court.... Read More

Banking statements are not generally required as part of the naturalization process. They may be relevant in cases involving naturalization in three years on the basis of marriage to a US citizen where individuals must show that they have been constantly residing with the US citizen spouse. But even in that case, sporadic joint banking statements covering the three years would be one of the acceptable proofs to show constant living together.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

An issue of intent may be relevant in your fiancé case. If she travels on a tourist visa but then gets married to you, she can still adjust status but the interviewing officer at your adjustment interview may ask her tough questions about her intent when she entered the country. Hire counsel to process the case.... Read More

You can sue now, but the court may stay the action pending determination of the criminal case.  There is no reason to only sue one, particularly since the one you sue will likely cross-claim against the other anyway (you probably have a claim against all 4).  You can sue for the full amount, but your insurance company will have the right to recover its $2000 off the top.  You should talk to your insurer, because it maybe planning a suit for the $2000 it lost.... Read More

If you borrow money the lender has a right to be paid or they can choose to forgive the debt. If they sue they have a right to take any non-exempt property (attached is a list of exempt property for all Arizona residents). If they forgive the debt then they are to file a 1099 with the IRS showing you had income in the amount they forgave. I hope this helps.... Read More

Whether you are allowed to obtain a tourist visa to visit your wife is a decision of the US consular officer when you make an application. The question is whether you would be trustworthy enough upon your assurance that you would return to India once the period of visit is over. If you decide to apply for a visitors visa, you should certainly put down on the visa application that your wife is in the US and has applied for you on a visa petition.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

It would be most helpful and productive if you could put together a comprehensive timeline of all the events as they have occurred, along with  attaching supporting documentation, emails,  text messages, lease agreement, proof of lease payments, photographs if any, list of potential witnesses and what they know, etc.  The more organized and thoroughly you can prepare these items, the better for us to be prepared for the hearing, which is like a little trial and is set out within a few weeks after requesting it. We would require a $3,000 retainer and would request a hearing, subpoena evidence and witnesses. Please call me office at (480) 306-5977 to schedule a consultation. Our consultation fee is $295.00. Thank you.... Read More

Good afternoon, you can pay your deductible with your insurance to have them fix it, but ask the insurance company first if they will pursue subrogration damages from the towing to recover the property damage cost as well as the deductible. This may be the best way to recover your property damage. Thank you.  ... Read More

Your friend has to fight because the government sometimes thinks that the documents are forged or that correct documents wind up in the hands of another. There are unfortunately many instances these days of US citizens being detained for long periods of time while they try and prove that they are indeed US citizens. The age of Trump has given ICE more of a free rein over how to enforce the immigration laws than ever before.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

No. Good job for working out an agreement, but be very cautious about following through with the agreement. If you default they can pursue action like garnishing wages, sweeping your bank account (with no notice), etc. If this is not your only debt you might want to learn more about bankruptcy.... Read More