Arizona Divorce Legal Questions

The publication will be of documents required for your case.  You do not have a lot of choice in what the words are as there are standard requirements. You did not state where you have to publish.  Some locales have a couple of newspapers you can choose from and the lowest cost paper may be appropriate for your needs.  Some newspapers may provide a small discount for the disability/income issue.   Unfortunately, some charge a significant amount. It may be cheaper to take the time to locate the person and serve them.  You can ask the court for permission to use alternate means which could include social media in some cases. Marie Zawtocki, Attorney    ... Read More

Yes you can get a divorce as a no children divorce, so long as your daughter is out of high school and does not have any disabilities that qualify for extended years of support.   Efforts will need to be made to find him for service, especially if you own real estate.  Sometimes this is not that hard.  We work with an investigator who can help, if needed. If he can't be found for direct service, publication can be used for service.   We can provide assistance through full representation or in reviewing documents and helping you understand each step of the process.  Please contact us if you would like an initial consult.  There is no charge for the first 1/2 hour.   Marie Zawtocki Attorney ... Read More

Your message did not include dates of marriage and other details.  If the situation is straightforward, and you both agree, there will still be some court timelines to address, but your case should move through the court promptly.   If you would like legal representation or consultation with document preparation, please call for an appointment. Marie Zawtocki, Mesa, Arizona... 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

It's very unlikely you would be successful in having the case reopened and obtaining a different result through either (a) ana award of spousal support (alimony) or (b) a different distribution of the community estate. The short length of your marriage would weigh heavily against a Court awarding you any spousal support, even without the significant hurtles you would face in (a) meeting the time requirment for reopening your case, (b) overcoming the presumption that your agreement to the terms of the divorce was voluntarly, and (c) proving that your medical condition interfered with your ability to make a sound decision in settling your case.  ... Read More

In an Arizona divorce, the law requires that property acquired during the marriage is to be divided equitably. If the only property you own is one car, there are several options: 1.  The parties agree on which spouse takes it and whether the spouse taking possession owes any money to the other spouse.  2.   If the Court is asked to decide, the Court will consider a number of things, including: a.  the value of the vehicle based on evidence provided by the spouses. b.  if any money is owed on the vehicle c.  who's name is on the vehicle and the loan d.  who primarily uses the vehicle e.  other relevant information. The Judge then needs to equitably "divide" the asset:  The Judge may award the vehicle and loan to one spouse, but order an equalization payment for one half of the value be paid to the second spouse.  This is a general answer and is fact sensitive.  A consult with an attorney is advised.       ... Read More

If your Wife has received an inheritance in her name and she kept it separate from any community accounts, then it is likely she keeps 100% of her inheritance.  The value of that inheritance, however, may be a consideration if spousal maintenance (alimony) will be an issue in a divorce.  If the amount is significant, it may show she is sufficient financial resources and does not need spousal maintenance or does not need a significant amount of spousal maintenance. If she has used her inheritance for joint property purchases such as a house or investment account, she typically can not get that back under a strict reading of the law.  It will likely be considered a gift to the community.  See A.R.S. 25-211(A).  The above is a general answer.  You are advised to get a consult to make sure of how the law applies to your specific situation.   ... Read More

Spousal support is very difficult to modify in Maricopa County if the Decree states it is non modifiable in amount and duration.  An exception would be by agreement of the parties.   Other reasons will be fact sensitive.  If you need to be indemnified because you are paying a greater share of the tax burden, spousal support may be a source for getting reimbursed.  The spousal support does not necessarily have to be modified -- but redirect to pay off the other spouse's share of other obligations.  Please call for a more indepth consult. Marie Zawtocki 480-655-0733 Zawtocki Law Offices, PLLC... Read More

What is most important is what is done with the funds.  They should be put in a sole and separate account/investment that is only in your name.  If, at any time, you put Husband's name on the account/investment, it is likely that you just made a gift to the community of that account/investment.  The account/investment should be one opened just for the inheritance to you.  There should be no commingling to make clear that the inheritance funds have remained your inheritance funds.   If you did want to use some of these funds for a joint venture such as buying a car or house that will be jointly titled, you will want to have a clear, written agreement signed by both and notarized that states these funds remain your sole and separate funds.  Depending on the use of the funds, the following may be helpful to confirming these remain sole and separate:  a disclaimer deed; a post nuptial agreement; or the way a property is titled.  If you want assurance he cannot reach the funds, you should have an attorney review the paperwork.     ... Read More

Many lawyers, including myself, provide mediation services.  A mediator does not represent either party and is only allowed to provide limited legal advice during the mediation sessions.  Once an attorney acts as the mediator in the case, that attorney can not provide representation to either party in the divorce.   Mediation is a very effective way to address a divorce.  The mediator can assist with the paperwork needed for filing in the court both to initiate and to finalize the divorce.  It can keep the costs of a divorce to a minimum. Even if you are using mediation, each party has the right to consult with his and her own attorney. It is not unusual to use mediation and for each party to consult at least once with a private attorney to make sure that each spouse knows his or her rights.   When you are contacting an attorney, it is important that you identify whether you want to use that attorney for individual representation or for mediation.  If it is for mediation, I require that both parties be present for all meetings (by phone or in person) and copied on all communications.   Your first step might be one of the following: 1.  Schedule a joint, initial consults with your spouse and a family law mediator 2.  Schedule an initial consult for just yourself with a family law attorney so that you understand your rights.   Either of those initial consults will explain the legal process in greater detail.   Marie Splees Zawtocki Family Law Attorney... Read More

The general rule in Arizona is that any asset acquired during the marriage is community property.  With a retirement account or pension, the court is able to divide that community interest in the asset as equally as possible.  There are some exceptions to this.  If a spouse began contributing or earning part of their pension prior to the date of marriage, that portion belongs to them.  A prenuptial or postnuptial agreement might also impact how the pension gets divided.  There are some other exceptions.   The division of a pension is often done by a professional to insure that it is done correctly.   That professional is often referred to as a QDRO professional and typically does not represent either you or your spouse.  As this pension may likely be the most valuable asset that needs to be divided in the divorce, you are encouraged to consult with an attorney as you start the divorce process and to review any agreements so that you can be assured you get your portion of this account.  ... Read More

Yes, you can retain an attorney for full representation or limited scope representationafter you file.  If the parties are not in agreement on what to do with the house, the Court will order it sold.  The court may give one party a reasonable amount of time to refinance--but if that party  does not have sufficient income or a co signer, refinancing is not a reasonable option  and should not be included in the order.  The final divorce decree should include language stating that the house be sold if a refinance that is ordered is not completed within a specified period of time.  I would encourage you to take advantage of an initial consult with a family law attorney prior to filing.  You have a longer marriage, own real estate, have minor children, and appear to have some assets or obligations.  If you fail to request relief in your petition, you may not be able to get it later unless you file an amended petition.  Quite a few family law attorneys charge minimal or nothing for an initial consult.  I would suggest you come to that initial consult with the initial divorce paperwork completed.  This will help you to be able to focus on specific questions you have for your case.   You can obtain the initial paperwork packet on the Maricopa, Pima, and Pinal County websites.  Other counties may also have the packets or refer you to these larger county sites.     In my experience, a client can control attorney fees and costs. Quite a few family law attorneys offer services in a variety of ways which include consultation only, limited scope representation, and full representation.  If you promptly follow the instructions given for providing the documents and information that are needed for your particular case, the law office will have less work to do.  You also need to "choose your battles".  For example, some parties spend more in attorney fees than the cost of the property item they can not agree on, such as a piece of furniture.  You need to maintain a reasonable position.  For example, some parties want an inequitable division of the community property and obligations.  If they do not have a legal reason to justify this, the Court may order that party to pay the attorney fees and costs of the other spouse.   ... Read More

Either you or an attorney can assist your boyfriend in getting a divorce. Your boyfriend would need to sign documents before submitting to the Court, however the entire divorce process can be completed while he is in prison. View the Maricopa County self-service center or engage in a free consultation with a local family lawyer.... Read More

This depends on many different factors. You can file to amend the divorce decree, however the timelines to do that are 15 days after the order. It sounds like there has been more time from the order to today. Your best bet now is to wait and see if he attempts to contest the 401k not being distributed. It will be an uphill battle for your ex-husband because undoing a Court order is always difficult no matter what the reason. It also sounds like you and Husband did the divorce on your own, and that would require signatures from both of you on the consent decree, so that makes it even harder for Husband to undo the order because he already agreed on the divorce terms as they are ordered now.... Read More

Be sure to consult with a family law attorney before signing any agreements. Absent an agreement to the contrary [ie. a valid premarital agreement] retirements accrued during marriage, although in one spouse?s name, normally are the property of both spouses [ie the non-employee/spouse should have an interest in half of what accrued during the marriage].... Read More

You should clarify as to whether you mean for purposes of child support or spousal maintenance, and of course to give you a specific answer you would have to have counsel review your decree and any orders. In general, child support is based upon current income. Therefore, whatever income you have would be your current income. If you receive income a book it may be considered income. If you already have a full-time job it could be a gray area. Hope that helps.... Read More