FAMILY LAW BLOG

Stay up-to-date with family law and divorce news, tips and guides by Cindy Best.

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Cindy Best
What if I was the one served?

If your spouse/partner filed the action against you, you must file a responsive pleading. You have a time limit, so make sure you know what it is. If you were served in the state of Arizona, you have 20 days to respond, if you are out of state, you have 30 days. Your response should … Continue reading What if I was the one served?

Cindy Best
What if I have no idea where the other party lives?

You qualify under this section of service if the following has been completed: 1. You have filed a petition with the accompanying documents here in Arizona, AND 2. You do not know where the other party is, AND 3. You have tried all reasonable ways to find your spouse, including: a. Mailed by certified mail … Continue reading What if I have no idea where the other party lives?

Cindy Best
Simple ways to serving the other party here in Arizona (Continued)

When people think of service, they generally think of a process server doing the job. With this method, you hire a process server to physically deliver those documents to your spouse. You will need to give the process server specific information as to where he or she can find your spouse. It is best to … Continue reading Simple ways to serving the other party here in Arizona (Continued)

Cindy Best
Simple Steps to “Serving” the Other Party in Arizona (continued)

Another option to service is mail or other delivery service requiring signature confirmation. This option requires that you send all of your documents using certified mail, restricted delivery. The “restricted delivery” entails a minor fee, but ensures that the deliverer confirm that he or she is delivering personally to your spouse. When you receive this … Continue reading Simple Steps to “Serving” the Other Party in Arizona (continued)

Cindy Best
How do you serve the other party with dissolution documents in Arizona?

“Service” is the technical name for the other party receiving from you the documents that you have filed. Arizona courts require one party to show proof that the other person was served. In today’s legal world, service does not have to be done with a process server. Instead, you can simply mail the documents to … Continue reading How do you serve the other party with dissolution documents in Arizona?

Cindy Best
What if my husband quit his job on purpose to avoid paying me?

Here in Arizona, if you can prove it, the court will consider the earning potential, not necessarily what he is actually earning. You would want to get his work records through discovery to find out if he quit, was fired, or was laid off.

Cindy Best
What if my spouse will not give me current financial information relating to his change in jobs from Scottsdale to Flagstaff?

You may send a written request by certified mail to your former spouse’s employer or former employer requesting detailed information about all pay and benefits paid to your former spouse by the employer. You may also file a Petition for Order to Show Cause or Request for Expedited Hearing, requiring your spouse to provide you … Continue reading What if my spouse will not give me current financial information relating to his change in jobs from Scottsdale to Flagstaff?

Cindy Best
What will the courts do here in Arizona if my spouse quits working in order to stop having to pay spousal maintenance?

A former spouse cannot avoid spousal maintenance or child support by voluntarily reducing or terminating his or her employment. The court has the discretion to attribute income to a spouse who voluntarily reduces his or her income and to require the paying spouse to pay spousal maintenance or child support in the former amount. The … Continue reading What will the courts do here in Arizona if my spouse quits working in order to stop having to pay spousal maintenance?

Cindy Best
When does spousal maintenance end in Arizona?

Spousal maintenance terminates upon the death or remarriage of the receiving spouse. This is called non-modifiable, but excludes these two situations. There will be a beginning date and an ending date for the payments if you negotiate it and if a court orders it.

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