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Arizona Divorce Questions & Answers
1 Answer | 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

1 Answer | 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

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

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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...
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1 Answer | 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

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

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2 Answers | Asked in Divorce and Child Custody for Arizona on
Q: How to consent to added detail in dissolution with minor in AZ without mediation?

I am in the process of a dissolution with a minor in Arizona. The respondent recently added a small detail in her response, stating that the minor children, who are to be split 50/50 between us, can choose to stay with their mother if they are sick. I have no issues with this addition and am... View More

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

Mediation might be a very simple method of reaching a final agreement including this term. Although I do not know who you are meeting with as a mediator, if it is with the court, they are likely to draft a consent decree for your signature at that very meeting. However, one way to avoid mediation... View More

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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 for Arizona on
Q: What can I get from an emotionally abusive husband that almost lead me to suicide?

I want to divorce my husband and get paid back some of my investment in his house. I fixed the backyard and spent an entire year making it pretty. I want all my furniture and the car he game me. He was very manipulative and controlling, has so much pride, he wouldn't ever accept to be asked to... View More

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

His emotional abuse will not affect how property and debt are divided. Under Arizona law, property and debts acquired during a marriage are divided without respect to marital misconduct, such as abuse.

Any improvements made to the home during the marriage, like renovations or upgrades,...
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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...
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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

2 Answers | Asked in Child Support, Divorce and Family Law for Arizona on
Q: Does substantial income difference between the two parties mean spousal maintenance is required?

I make 60k/yr, spouse makes 100k/yr. We are divorcing with minor children, filing for 50/50 custody and 50/50 property & debt.

He claims that our income difference is figured into the child support and that spousal maintenance only applies if one person cannot financially afford to live... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 3, 2025

You asked what the "actual grounds" are for spousal maintenance. Arizona's spousal maintenance law is very complex. But here is probably the simplest way to explain it:

First Step: Determine Eligibility

You have to qualify under one of the grounds listed under ARS...
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2 Answers | Asked in Child Support, Divorce and Family Law for Arizona on
Q: Does substantial income difference between the two parties mean spousal maintenance is required?

I make 60k/yr, spouse makes 100k/yr. We are divorcing with minor children, filing for 50/50 custody and 50/50 property & debt.

He claims that our income difference is figured into the child support and that spousal maintenance only applies if one person cannot financially afford to live... View More

Rich J. Peters
Rich J. Peters
answered on Jan 6, 2025

You absolutely have the right to request spousl maintenance. Spousal maintenance is based upon so much more than just your income. If you review through our statute (google "ARS 25-319"), you can see the other topics.

Arizona also has recently adopted spousal maintenance...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: What knd of divocre can I get n Tucson?

I need sume help

Rich J. Peters
Rich J. Peters
answered on Dec 13, 2024

Divorces are the same in every Arizona county. Every divorce basically will address the same topics:

1. Legal decision making

2. Parenting time

3. Child support

4. Spousal maintenance

5. Division of property

6. Division of debts

A...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: What kind of paperwork do I need to file for divorce in Tucson?
Rich J. Peters
Rich J. Peters
answered on Dec 10, 2024

You need to file a "Petition for Disolution".

You can find Pima County forms and instructins here: https://www.sc.pima.gov/law-library/forms/

This is obviously a very important matter. It is possible and allowed to file your own divorce and complete the process without...
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2 Answers | Asked in Arbitration / Mediation Law and Divorce for Arizona on
Q: Is it possible to petition for a divorce in AZ then work with a mediator to divide property?

I would like to file the petition ASAP then work with a mediator to divide property after the petition has been filed. I want it to be on record with the court that I filed. The reason is, I do not want to be held liable for any poor financial decisions my spouse makes, or any poor decisions in... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

Yes, it is possible to do that. A couple things to know:

1. You file and serve your ex with the divorce paperwork. Once you serve your ex, the "marital community" severs (provided you do actually get divorced) on that date, and that mean your joint liability for your spouse's...
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2 Answers | Asked in Arbitration / Mediation Law and Divorce for Arizona on
Q: Is it possible to petition for a divorce in AZ then work with a mediator to divide property?

I would like to file the petition ASAP then work with a mediator to divide property after the petition has been filed. I want it to be on record with the court that I filed. The reason is, I do not want to be held liable for any poor financial decisions my spouse makes, or any poor decisions in... View More

Rich J. Peters
Rich J. Peters
answered on Dec 10, 2024

Of course. Mediating a divorce matter can result in significant benefits over traditional litigation

- can be less costly.

- can me quicker.

- allows both parties control over he outcome.

- allows a better opportunity to preserve the relationship.

- less...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: In Arizona, can a respondent spouse withdraw consent to dissolve a covenant marriage after filing pleadings
Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2024

We would need to know more. But I will say the covenant marriage laws do not address this situation, and there is only one published case involving a covenant marriage, and it did not involve this situation, so, in other words, this is a situation the law has neither dealt with nor anticipated.... View More

1 Answer | Asked in Family Law and Divorce for Arizona on
Q: I recently went thru a divorce in Az..In the decree we were ordered to split the debts owed

My ex isn't paying his share of debt ordered in our final decree.I have wanted to file contempt but there's no contempt papers on debts owed all I get is contact a lawyer..I'm not sure why cause it's a contempt on what the judge ordered...Can anyone explain this to me where I go from here

Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

I certainly understand your frustration because it seems like contempt should be the right vehicle for your situation.

The answer to your question is complicated and confusing: Property division (which includes the allocation of debts) are not enforceable by contempt proceedings. They can...
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