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Mark Cord
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Mark Cord’s Answers

76 total


  • Is my Spouse entitled to half of my retirement?

    My spouse and I have been married for 10 years. During this time we have both been employed and have contributed to ASRS. I have a total of 23 years with the system my Spouse has 15years. My spouse seems to think they are entitled to half of my A...

    Mark’s Answer

    Spouses are generally entitled to one-half of the other spouse's retirement(s) earned during marriage, not before marriage nor after the divorce papers have been served.

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  • Do I have any legal right to half the equity in house my soon to be ex is purchasing right now, it was the home that we shared??

    We are in the process of a divorce and the home we lived in for 5 years was in his mothers name and we rented from her. He is in the process of buying the home from his mom right now. I have not signed the final paperwork yet on the divorce and...

    Mark’s Answer

    Probably not, but it all depends on whether he has used community assets or community income to make the down payment. A lawyer needs to analyze those issues for you.

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  • Can I appeal my divorce that was granted in a default?

    My husband filed in 2014 and i didn't respond because I didn't know how, so he was given a decree on demand hearing, which I was present for. At the hearing, I was given 20 more days to respond, which I was still unaware how to go about doing. Aft...

    Mark’s Answer

    It does not look good for you. You have to have a good reason for not responding and/or legal grounds for an appeal. Both have relatively short time limits. Get to a lawyer right away.

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  • My husband and I are separated, I want to move out of state with our son.can I without anything filled through the court yet?

    My husband and I are separated, I want to move out of state with our son.can I without anything filled through the court yet?

    Mark’s Answer

    It's risky. If your husband objects, he may be able to require your son to be returned if he files for divorce or legal separation. Better to work it all out here in Arizona first. Also Google Arizona Revised Statutes 25-408 for further guidance in your "relocation" case.

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  • I have sole legal decision making and custody of my daughter

    NCP lives in another state and I live in Arizona. My job wants to re-locate me to another state. I sent the NCP a letter stating this. Also the NCP has no visitation currently due to new order giving me sole legal decision making. Do I need to not...

    Mark’s Answer

    You need to Google A.R.S. 25-408. It will explain the timing, process and facts you need to establish.

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  • What age is a child allowed to choose who he wants to live with in AZ?

    My son is only 6 so I know the courts will not take his feelings into account, but he no longer wants to go to his fathers house because he says that his dad just leaves him alone all of the time or makes him play with his girlfriends daughter dow...

    Mark’s Answer

    There is no set legal age for a child to chose either custody or parenting time. Generally, the opinion of the older, more mature, articulate, and un-coached child is given more weight in the judge's final decision. It is preferred that the child's wishes be determined in a clinical, not trial, setting. This can be done through a court-appointed child psychologist.

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  • If I agreed to a divorce settlement during a deposition is it binding my ex has an attorney and I do not?

    It happened very fast and I'm not happy with the settlement after thinking it over nothing was signed but the agreement was recorded by the court reporter. Can I still negotiate my settlement or is it binding?

    Mark’s Answer

    The Rule provides that an agreement is valid if it is on the record before a court reporter. It does not matter that you were unrepresented. Experience has shown that an agreement "within the 40 yard lines" of reasonable will be affirmed by the Court. You need a lawyer.

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  • Could moving my family in with my parents be used against me in my custody case?

    Due to a change in financial circumstances, my husband income has drastically decreased. I am considering moving in my husband, daughters and myself with my parents until we can get ourselves to a better financial situation. I am currently the pri...

    Mark’s Answer

    The ultimate test is whether your child's best interests are served by the new arrangement. The pro's and con's need to be weighed.

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  • If parents cant agree, will a court generally award primary custody to the parent willing to vaccinate and send kids to school?

    We are separated right now and I am seeking divorce and primary custody of my kids. I have been the one taking my son to doctor appointments and getting insurance for him. I am terrified of joint custody, because my husband does not believe in vac...

    Mark’s Answer

    The ultimate test is what is in the children's, not the parents', best interests. Vaccinations and school attendance are only 2 factors. Google A.R.S. 25-403, as amended, for a more complete list of the relevant factors.

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  • If one spouse has stock from a past job but it wasn't put in the divorce is the other spouse intitled to some of the money

    if two people were married when one spouse worked for a company. they owned I guess stock shares but this was not put in the divorce papers when they divorced and now the spouse that worked for this company just received paper work that they will ...

    Mark’s Answer

    You have a claim to one-half of the stock earned during your marriage. Google A.R.S. 25-318D

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