Arizona Divorce Legal Questions

Did you serve him by process server with a Petition for Dissolution? Did he respond? Are you waiting for the Response, or are you trying to get him sign a Consent Decree? Perhaps you should discuss this would an attorney, as there are ways to move the case along, but from the information it is difficult to decipher.... Read Answer

Your attorney can request fees from your spouse. The court will order him to pay some or most of your fees if there is an income disparity between you two (He out earns you by more than just a little) and you can demonstrate need. Also, if there are any cash accounts that hold community funds, the court can grant you access to your share.... Read Answer

Thank you for your important question. Illinois is not a community property state, and therefore the retirment from your first marriage is not community property. Nor is it marital property in Illinois, because it was obtained prior to the marriage even though the money was paid after you were married.... Read Answer

Perhaps. Would the proceeds of the settlement have been community property during the marriage? Arizona Revised Statutes -318D states that community, joint tenancy and other property held in common for which no provision is made in the decree shall be from the date of the decree held by the parties as tenants in common, each possessed of an undivided one-half interest. This is a situation where you may be wise to consult with counsel regarding what transpired to bring about the lawsuit, and to review your settlement agreement.... Read Answer

You have several options open to you. First you can contact the Department of Social and Health Services and request them to enter an Administrative Order of child support. A second option is to file for dissolution of marriage. Due to the fact you state that you now live in Michigan I recommend that you contact a Michigan Attorney to discuss further options.... Read Answer

Often people who attempt to do their own divorce discover half way in that they are going to spend more than $395 and they ending up having to do all the work themselves. However, if you have not yet separated from your husband, you are not yet eligible for divorce because there is a one year separation period.... Read Answer

You are entitled to one-half of all assets acquired during your marriage except those acquired by either of you through inheritance or gift. This includes retirement and deferred compensation benefits. You are entitled to spousal support based on his income balanced against yours or your ability to work. Long term spousal support is generally one-half the length of the marriage. You cannot sue the "other woman" because California is a no fault divorce state and any romantic or emotional wrong doing is not relevant to the divorce or the court. What is relevant is trying to make sure each party gets and equal share of the community property and reasonable support to stabilize life.... Read Answer

If the retirement was earned during the marriage, he is entitled to half of it. If you own a house and some of the principal was paid down during the marriage, the community may be entitled to part of it. If he used community money (earned during the marriage) to buy his house, you may have an interest in his house. You should consult with an attorney. Adultery is irrelevant in CA.... Read Answer

First, check your Judgment. Find out if she really has full custody or if it's joint custody. Also, find out what the Judgment says about either party moving. Often, we will include that the other party give at least 45 days notice to the other party to allow time for the non-moving parent to bring a motion to change the custody and visitation based on the other parent's move. Time is of the essence, you want to make sure the children aren't relocated before you get to court. A move away case is amongst the most difficult cases for Judges to decide because it means one parent will not get to see the children regularly. You probably want to hire an attorney to make sure your case is heard and presented with all possible legal arguments presented on your behalf. The Judge will need to make a new determination about the best interest of the children, he/she will consider the law, which includes factors like the relationship between the children and each parent, the need for stability (same school, same friends vs. new state, new friends, new school), but the most difficult factor will be the result on the children of losing their current primary parent vs. losing the regular relationship they have with their secondary parent (or making their secondary parent their primary parent upon the move of the current primary parent). I recommend consulting with an attorney in your area to make sure you can either put forward your best case for primary custody or the very best visitation schedule possible.... Read Answer

Hire an attorney. You are entitled to half his pension and half the house. If he threatens you again file for a restraining order though that can interfere with his job. You would probably get spousal support also. Child is too old for spousal support. Police officers are often bullies you need an attorney to protect your rights.... Read Answer