Deborah Varney’s Answers

Deborah Varney

Mesa Family Law Attorney.

Contributor Level 10
  1. How do we legally word our divorce decree so that it reflects our agreement to have me keep the house with special circumstances

    Answered over 2 years ago.

    1. Deborah Varney
    2. Gregg R Woodnick
    2 lawyer answers

    You may want to call a lender and ask a hypothetical question about whether you would be forced to refinance the residence just for getting the house titled only in your name. Some lenders will allow you to transfer the loan into your name by simply making the payments for a certain period of time. Most of the time if you want to remove someone from the loan, you will need to refinance the residence. If you cannot qualify at this time, you may want to have some language in the decree that...

    6 lawyers agreed with this answer

  2. What can I do now if the other party is late or is not paying child support?

    Answered almost 2 years ago.

    1. Deborah Varney
    2. Alexander Stephen Fasching
    3. Kevin Michael Sparkman
    3 lawyer answers

    You can file a Affidavit and Notice of Non-Compliance to see if the court will set another hearing to address the other party's failure to pay support. If this is a IV-D case involving the attorney general's office, you cannot get in to Accountability Court. However, if it is not, you can file a Motion with the court to request that it be referred to Accountability Court. You can ask for a Review Hearing on child support to keep the other party on track and ensure that the court will...

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  3. Can I request a drug test of my spouse at a conciliation hearing?

    Answered over 2 years ago.

    1. Deborah Varney
    2. Harry J Lenaburg
    2 lawyer answers

    In the event your meeting is for marriage counseling, the answer provided by the previous attorney is good advice. If your "conciliation hearing" is a parenting conference (this is a meeting with a mental health professional regarding the children, custody, and parenting time), you should definitely bring up your concerns with the parenting conference officer. Otherwise, you should bring up your concerns to the court the next time you come before the judge. On the day of the court hearing,...

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  4. Ex refuses to sign quit claim

    Answered about 3 years ago.

    1. Deborah Varney
    2. Jason Scott Treguboff
    3. Philip W. Mason
    4. Robert Ricci
    4 lawyer answers

    In addition to seeking contempt to enforce the decree, you may also consider asking the court to issue an order that the Clerk of Court sign the quitclaim deed on your ex's behalf. Do check your decree for the language mentioned above, i.e. decree can be used as a transfer of title. That would require there to be a legal description of the property in the decree.

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  5. How do I write a divorce decree with language to ensure the husband removes my name from the mortgage?

    Answered about 3 years ago.

    1. Deborah Varney
    2. Meredith McKell Graff
    3. Robert Ricci
    3 lawyer answers

    Generally, in order to remove you from the mortgage, he must refinance (not just do a loan modification). Otherwise, he must sell the property. The language is not strong enough. You should add some language about what happens in the event he does not (or cannot or will not) refinance it. For example, in the event he fails to refinance the mortgage, the house will be put up for sale (or short-saled), and/or that a real estate commissioner should be appointed to sell the property. You should...

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  6. Can I have someone review my dissolution of marriage paperwork for accuracy but still represent myself?

    Answered 10 months ago.

    1. Deborah Varney
    2. Patrick S Sampair
    3. Dean George Tsourakis
    3 lawyer answers

    You should call an attorney to set up a consultation. Many attorneys, such as our office, offer a free 30 minute initial consultation. During the consultation, the attorney will be able to review any pleadings you have prepared and answer any questions that you have. It would be advisable for each of you to go to your own attorney and review it individually. Good luck!

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  7. My husband left me and my 2 sons a yr ago. I have an attorney who is on maternity leave and we are hanging in limbo.Whati do\\\

    Answered over 1 year ago.

    1. Deborah Varney
    2. Celia R Reed
    3. Michael David Elkin
    3 lawyer answers

    If there are no orders in place, you should petition the court for Temporary Orders and request spousal support as well as child support. If you already have orders in place, you may want to file for contempt for his refusal to comply with existing orders. If you are unable to reach your attorney, have a consultation with someone who can advise you on what to do in your set of circumstances. The sooner you act the better. Many law firms, such as ours, offer a free 30 minute consultation....

    3 lawyers agreed with this answer

  8. HELP! Ex is saying He was not properly served!

    Answered almost 2 years ago.

    1. Deborah Varney
    2. R. Michael Skupin
    2 lawyer answers

    Personal service means served by a process server. If you yourself served him, it is not valid service. He has actual notice, but not legal service. You can ask that his attorney accept service, but he will probably refuse. You can make a Motion to the court for alternate service of process on his sister, which may be granted given the circumstances. You may want to speak to an attorney about this situation. Good luck.

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  9. How do I get custody of my sister and move out?

    Answered over 2 years ago.

    1. Deborah Varney
    2. Jeff Adrian Biddle
    3. Lawrence Lazzara Jr.
    3 lawyer answers

    In addition to calling CPS to make a report, you may want to speak to your school counselor or school psychologist about your situation. You will also want to call the Child Abuse Hotline to report what is going on. It is very important that you speak to someone right away so that you and your siblings are protected. Your mother's drinking and the violence that goes on in your house should not happen, and you are right to be frightened for both yourself and your sister. You can also call...

    3 lawyers agreed with this answer

  10. What happens if you "served" divorce papers in the mail and the recipient wasn't home.

    Answered over 2 years ago.

    1. Deborah Varney
    1 lawyer answer

    You have to make sure your husband was officially served. If he does not sign for the letter, he has not been served. You must then have a process server serve him. The court will not move forward with your case without service of process. The court will do nothing if you advise the court the letter was not retrieved. If you do not effect service within 120 days after you filed, the court will dismiss your case. If you cannot serve him by process server, you may be able to request that...

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